Your Background Check

When charged and convicted of drunk driving or any other criminal charge, it will show up on your criminal record. Drunk driving charges are considered criminal offenses (either misdemeanor or felony depending on the specifics).

This means that if you've been convicted of a DUI, you have a criminal record. If you have been convicted of a criminal charge whether it be a drunk driving charge or any other misdemeanor or felony charge it is very important to perform a nationwide criminal background check on yourself to ensure that the information that has been recorded to your criminal record is accurate and does not contain any mistakes.

Information that has been recorded to a person's criminal record has a high probability of being inaccurate since the information is entered by various people from various agencies, including the county court where a conviction occurred.

The information that is entered into a person's criminal record is not verified before it is entered, therefore mistakes can be made, and are made on a regular basis. It is up to the person who was convicted to verify the accuracy of his or her criminal record by running a nationwide criminal background check on themselves.

In most every DUI case you're charged with more than 1 offense when arrested... and sometimes you're convicted of more than 1 charge as well. That's why it's important for you to know exactly what is on your criminal record after conviction. You need to know what's on your record before you can attempt to remove the criminal record as well.

How to Prepare for a Background Check

When you know you are going to be on the job market, take the following steps to reduce the chances that you and/or the potential employer will be "surprised" by information found in the background check process:

• Order a copy of your credit report. If there is something you do not recognize or that you disagree with, dispute the information with the creditor and/or credit bureau before you have to explain it to the interviewer. Another individual's name may appear on your credit report. This happens when someone mistakenly writes down the wrong Social Security number on a credit application causing that name to appear on your file. Or you might be a victim of identity theft. (See PRC Fact Sheet 6 on your credit reporting rights, www.privacyrights.org/fs/fs6-crdt.htm, and Fact Sheet 17a on identity theft, www.privacyrights.org/fs/fs17a.htm.)

• Check court records. If you have an arrest record or have been involved in court cases, go to the county where this took place and inspect the files. Make sure the information is correct and up to date.

Reporting agencies often report felony convictions when the consumer truly believes the crime was reduced to a misdemeanor, or that it was reported as a misdemeanor conviction when the consumer thought the charge was reduced to an infraction. Court records are not always updated correctly. For example, a signature that was needed to reduce the charges might not have been obtained or recorded by the court. Don't rely on what your attorney may have told you. If you think the conviction was expunged or dismissed, get a certified copy of your report from the court. For an explanation of expungement, visit www.epic.org/privacy/expungement.

• Check DMV records. Request a copy of your driving record from the Department of Motor Vehicles, especially if you are applying for a job that involves driving.

Many employers ask on their application if you were ever convicted of a crime. Or they might word the question to ask whether you have ever been convicted of a felony or misdemeanor. Typically, the application says you do not have to divulge a case that was expunged or dismissed, or that was a minor traffic violation.

Don't be confused. A DUI (driving under the influence) or DWI (driving while intoxicated) conviction is not considered a minor traffic infraction. Applicants with a DUI or DWI who have not checked "yes" on a job application may be denied employment for falsifying the form -- even when the incident occurred only once or happened many years before. The employer perceives this as dishonesty, even though the applicant might only have been confused by the question.

How to Get Out of a DUI?

Legal Expert ON-LINE

When many population are arrested for driving under the influence, one of the first things they want to know is how to fetch out of a DUI. There's no easy answer to that problem because DUI is a criminal offense. If you're arrested and charged with DUI, you're going to have to go through a criminal trial and even administrative listening about your driving privileges if you're not able to make a plea bargain. Trying to handle all of these proceedings on your own is probably the quickest way to lose your criminal case and your driving privileges at the same time. If you choose to job with an attorney who does not unitize in DUI, you are risking your reputation and your freedom, since being convicted can result in a jail sentence in many states. jobbing with a uniquest attorney who knows DUI inside and out is the best way to successfully defend yourself against a DUI charge. How to fetch Out of a DUI Preparing for Your Case Many population are thinking about how to fetch out of a DUI right from the beginning of their cases. If you want to fetch out of a DUI, you may consider talking with your attorney and finding out if a plea agreement is available. In some states, you may be able to plead guilty to lesser charges and be sentenced to lesser penalties. If you're not able to make a plea agreement, your case will proceed to trial and you'll face the full range of criminal penalties if you are convicted of DUI charges. How to fetch Out of a DUI Your Criminal Trial If you do not make a plea agreement, your criminal trial will be scheduled. The best way to fetch out of a DUI at that salable of the process is to job with a qualified DUI lawyer. When you have a DUI lawyer on your side, you have access to expert witnesses and specific information that can be a great help during your trial. Expert witnesses can be used to refute quizzing or indicate that chemical quiz results were invalid or unreliable. Your attorney will have access to many of these witnesses due to their extensive experience in the field of DUI law. Your attorney will also know where to look for information that could be helpful to you during your trial. If you were jobbing with a public defender or an attorney who does not unique in DUI defense, you'd lose out on these benefits. How to fetch Out of a DUI Administrative listening You'll most likely need to attend administrative listening held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most population bring for granted, but each state considers it a privilege and not an absolute right. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial brings place. If that is the case, your attorney can job with you to prepare for the appeal listening. Your attorney can also speak on your behalf during that listening so that you have a better chance of fetching your driving privileges reinstated. Your lawyer will know what to say and how to handle your case because of the experience they have in the field of DUI law. How to fetch Out of a DUI Sentencing If you are convicted of driving under the influence, there is no way to fetch out of the DUI itself, but there is a way that you can minimize the penalties that are imposed upon you. Your attorney can speak on your behalf before sentencing brings place so that the judge can listen and consider all of the circumstances in your case. For example, your attorney may let the judge know that you have a disability or that you are responsible for driving for an elderly parent. If your lawyer can indicate that your incarnation would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education or probation instead jail time. Jobbing with a DUI attorney is the best answer to the problem of how to fetch out of a DUI. These experienced professionals have a high level of knowledge and a great deal of experience in handling DUI cases and know how to best gift your defense for your specific situation. No one can ever guarantee that you will win your case, but having a DUI lawyer on your side can make the difference between winning and losing.

How to Understand Blood Alcohol Levels

Reference: eHow.com


The level of alcohol in the blood is measured by BAC, which stands for blood alcohol content or concentration. Typically, this number is measured by the mass of alcohol per unit of volume of blood. The procedure for measuring BAC as well as the legal limit for drivers differs by country. If you are drinking, it's a good idea to be aware of your own body as well as the limits.

Instructions

1. Step 1

   Know the legal limits of the country and state you are in. In much of the world, the legal limit is .05 percent BAC. In the United State, federal regulations dictate that the legal limit is no more than .08 percent, but many states have lower limits.

2. Step 2

   Learn the units BAC is measured in. In the United States, BAC is typically measured in a percentage derived from determining the grams of alcohol consumed per 100 grams of blood in the individual's body.

3. Step 3

   Study the conversion units. Most alcoholic beverages will have a gram measurement listed on the container, but if they don't you will need to convert liters or milliliters into grams. You will also need to determine the individual's weight in grams, which you can do by dividing the number of pounds by 2.205.

4. Step 4

   Know the alcohol content of the beverage you are drinking. This can be found using the proof, which is twice the percentage of alcohol in the drink. For example, 100 proof liquor is 50 percent alcohol by content.

5. Step 5

   Calculate the blood or water percentage of body weight. When determining how much alcohol is in the blood, you will use the person's weight in kilograms to determine the amount of blood in kilograms. Men are typically about 58 percent water or blood, while women are 49 percent. To find the blood content of a man's body, then, you need to convert his weight from pounds to kilograms to grams and multiply by .58.

6. Step 6

   Recognize that mathematical calculations are tedious and may not reflect the exact BAC of an individual. Metabolic rate and body fat percentage both influence the rate at which alcohol will leave the blood stream.

7. Step 7

   Grasp the difference between BAC and tolerance for alcohol. People who are heavy drinkers may develop a high tolerance for alcohol and seem fine even when they are over the legal limit. Individuals who are unable to gauge their own BAC may want to acquire a device for measuring the alcohol content in their breath before driving.

8. Step 8

   Use informal rules to gauge your BAC. Generally, two drinks will raise the BAC by .05 percent. A drink is considered to be one can of beer, one small glass of wine or one small shot. If you're unsure of your BAC and how to calculate it, aim to drink no more than two drinks an hour to remain within the legal limits.

9. Step 9

   Be aware that law enforcement officials may use a variety of methods to determine your BAC or level of impairment, from a breath test to a sobriety test to lab tests done after the fact.

DUI Charges: Misdemeanor or Felony for Drunk Driving

DUI Misdemeanor

Driving under the influence (DUI) is a serious offense in all 50 states. Every state has laws that define DUI as operating a motor vehicle, such as a car, motorcycle, or boat, with a BAC/blood alcohol content of 0.08% or higher. This is called a “per se” violation and you will be charged with DUI even if your driving ability does not show signs of impairment.

In some states, you may be arrested for driving under the influence even if your Bac is under 0.08%. This is referred to as a “less safe” driver violation and must be proved through the arresting officer and witness’s testimony.

Drinking and driving is considered a misdemeanor in some cases, while a felony in others.

Normally, a person will receive a DUI misdemeanor if it is his or her first, second, or third offense within a certain time frame (typically five to ten years). However, a person may be charged with felony DUI if he or she had had three or more drunk-driving offenses or caused property damage and/or bodily harm.

The penalties for a DUI misdemeanor are less severe than the penalties for a DUI felony. The severity of the penalties typically depend on whether you have prior offenses, an excessively high BAC, or other circumstances, such as transporting a minor while under the influence of alcohol or drugs.

Even for a first offense, you will be sentenced to jail time, probation, fines, and court fees. Your driver’s license will be suspended, though in certain cases you may be eligible for a restricted driving permit. The judge will also order you to attend mandatory alcohol evaluation, treatment, and counseling.

Did you know that in some states it is possible to have your DUI misdemeanor expunged from your criminal record? You typically have to wait for a certain amount of time to pass before your defense attorney can request to have your misdemeanor permanently erased.

Lawmakers May Tighten Moped Laws

Las Vegas Now | Lawmakers May Tighten Moped Laws

I am a Whole Life Insurance agent specializing in worksite group employee benefits for governments. Presently we offer our product to 63 county governments in Indiana, 8 counties in Wisconsin and a couple in Illinois, and counting. In doing government accounts, I have spent a lot of time in county jails and community correctional facilities. During the summer months those that do their time on weekends or have working privileges use scooters/moped to get to and from work , because they can not afford the high cost of auto insurance. Seeing the plethora of mopeds at these facilities, tightening the laws would hinder their ability to work or fulfil their required community service. You can not get a moped license if your driving privileges are revoked. When reinstated, in many states; an eyesight, road and written test are still required to get a moped license. Do you think they should tighten the Moped Laws??

In Las Vegas, NV:
Lawmakers May Tighten Moped Laws

Updated: April 8, 2009 08:10 PM

Moped and scooters became popular fast when gas prices spiked. But it is not just their low cost that is attracting riders, it's the laws they don't have to follow.

Safari Scooters and Cycles has mopeds and scooters of all kinds. It's these small bikes that come with huge concerns. It could be because you don't have to have insurance to operate them or maybe it's because of who's behind the handle bars many times.

They sound and even bare a similar resemblance to a motorcycle, but they're not. They're mopeds, or scooters, and come with limited restrictions.

"You don't have to pay for insurance. You don't have to take a test. You don't have to deal with the DMV -- no registration or plates. You don't have to wear a helmet," said Trish Glatter with Safari Scooters & Cycles.

Glatter has been riding bikes for 40 years, and now owns her own shop. The bill would require all this to change, making riders having to pay.

"Who it will hurt most are the people who can't because they have a DUI and can't get a drivers license or people who, maybe because of a doctor's reason, can't get a license," she said.

Glatter says she does not support DUI, but it's no secret that DUI offenders use mopeds, "I'd rather see them on a moped because if they can't get a license they'll be in a car. They'll be doing something illegal anyways."

More than enough reason for Metro to support this bill. "Metro has been experiencing a large increase in accidents involving scooters and the greater majority have been the scooters fault," said Metro Sgt. Oscar Chavez.

Mopeds being insured would help with accountability when it comes accidents, "The other driver involved has been responsible for repairing their own vehicles and it's caused a lot of issues for us." Metro wants to make it clear, a moped is considered a motor vehicle and riders are required to have a license, even though many are under the impression that they don't.

In Raleigh, NC:

Opinion: NC Bill Targets, Hurts Poor In Moped Bill
By The Raleigh Telegram 10.APR.09
RALEIGH - In this Raleigh Telegram opinion piece, the newspaper believes the new bill that would make mopeds subject to licensing and insurance requirements would unfairly hurt those who are poor and on the fringes of society. The bill unfairly targets those who are struggling to work in the worst of economic times.

NEW MOPED BILL TARGETED TO HURT THE POOR

A new bill has been introduced by attorney Senator Tony Rand (D-Fayetteville) that would require mopeds and other low powered scooters to get license plates and insurance in North Carolina.

High-powered motorcycles already are required to be registered with the state and get insurance, but under current state law, moped or scooter riders do not have to obtain either insurance or a driver's license before riding those smaller and slower.

This proposed bill ignores some simple facts regarding people who rides mopeds and scooters in North Carolina.

--People who ride mopeds and scooters may not have the money to get insurance, which is why they ride a scooter instead of a car

--People who ride mopeds and scooters may not be able to get a license or may have had to give up their license for offenses, meaning that they have no other choice in driving to work or school than taking a moped

--People who ride mopeds and scooters, especially those in rural communities, sometimes depend on these vehicles as their only lifeline to work, shopping, or going to school

The bill would require those who ride mopeds to get insurance, which in North Carolina is generally unobtainable unless you have a valid driver's license.

It remains to be seen as to whether anyone behind this bill has actually considered that people who ride mopeds and scooters may not drive a car because they cannot obtain insurance or couldn't afford it even if they could.

For drivers who have lost their licenses due to DUI or other driving convictions, insurance is not obtainable. Even for those who can regain their license after their DUI conviction, insurance can easily top $2000 or more a year for car insurance.

Although DUI laws are designed to protect people from getting killed on the highways, are those who were convicted and have served their time and penalties to be denied for three years from being able to get to work? Or school?

Of course, proponents of the bill say that those convicted of DUI should have thought of that beforehand. However, if the true intent of the bill is to say that DUI offenders won't be able to work, go to church, the grocery store, or school if they are convicted, then we should be changing the DUI laws to read that way, not add scooter or moped registrations to change those penalties.

In addition, there are plenty of people who have not been convicted of a DUI or other traffic laws who depend on scooters and mopeds because they are cheap.

A moped is small, uses little gas, and is relatively cheap to maintain, especially with no insurance to pay. Someone who is on a fixed income such as a student or elderly person who needs a small vehicle but who may not be able to afford a car can use a scooter to take care of their transportation needs.

They desperately depend on these vehicles as sometimes their ONLY means of getting food to eat or making a living. Is North Carolina that desperate for money and sources of revenue that we need to make poor people even poorer by denying them their only means of getting around?

Sure they could ride the bus or walk. Ever tried to walk six miles in the rain to work? It takes a couple of hours. Ever tried to take a bus in rural Rockingham County or Caswell County? There isn't one.

The bill's proponents say that they want to pass the measure because mopeds and scooters are a big danger to other people and cars (Note: It's NOT because North Carolina is in dire need of ways to tax people to raise more money -- there is absolutely no connection between the sudden need for moped plates and NC's large deficit).

In terms of the stated dangers to other cars, a moped's impact is more like that of a bicycle than an SUV. Do we really need more insurance, lawyers, and lawsuits involved in our society? The answer to that is no.

Should we also start licensing bicycles, go-karts, off-road ATV's, Big Wheels, little red wagons, farm tractors, and horses? The answer to that is also no, but let's use the bill's proponents' own reasoning.

If we're deciding to license vehicles in North Carolina based on the amount of damage they can do, a 1200 pound horse or a 5000 pound farm tractor (which are both legal to ride on NC roads without a license or insurance) would certainly do a lot more damage than a moped if it ran into you or your car.

For that matter, let's start putting license plates on lawn mowers. We've seen some pretty big lawn mowers almost run into cars when they circle around into the street. Some of them weigh a lot more than scooters.

To get back to the point, let's not punish poor people because they're poor. We realize that those who live on the edge of society and those who ride scooters to work or to get groceries don't have a paid lobbyist in Raleigh to buy lunches and gain the ear of politicians like Senator Tony Rand. Despite their lack of political influence, let's not deny them the basic right of being able to function as a human being.

In these times of dire economic times, let's also look out for North Carolina taxpayers. Who will take care of these people if they can't get to work? Who will feed them if they can't buy groceries?

The taxpayers will. Already charities such as Meals On Wheels are maxed out to the limits. Government funded transportation programs such as one operated by Guilford County are under fire for spending too much money on trips which cost taxpayers every day.

Let's give people the means to continue to make their own money, to buy their own food, to make their own trips. The NC Legislature should defeat this bill, especially in these harsh economic times. ::

Bad Drunk Driving Laws, False Evidence and a Fading Constitution

DUI BLOG : Bad Drunk Driving Laws, False Evidence and a Fading Constitution

Ignition Interlocks Coming…as Standard Equipment

Posted by Lawrence Taylor on April 9th, 2009

I’ve commented in the past about MADD’s love affair with ignition interlock devices (IIDs) — what the National President of MADD has characterized as the way to "literally wipe out drunk driving in the United States". See New MADD Goal: All Cars Equipped with Breathalyzers. And I’ve posted news stories about the automobile manufacturers gearing up to install these costly and ineffective mini-breathalyzers as standard equipment in all vehicles. See All U.S. Cars to Have Ignition Interlock Devices?. Not surprisingly, it turns out that three of MADD’s six most generous contributors are Generals Motors, Ford and Toyota. See Breathalyzers Soon Mandatory for All Cars, Toyota Announces DUI-Proof Cars and The Car in Your Future (Nissan).

Still doubt that the car in your future will require you to take breath tests before you can start it — and, with some models, periodically while you’re driving? In yesterday’s news:

Obama Chooses MADD Official to Lead Safety Agency

Washington, DC. April 8 — President Barack Obama has chosen a top official with Mothers Against Drunk Driving to lead a Transportation agency that oversees safety and fuel efficiency requirements for automakers.

Chuck Hurley was nominated Wednesday to become administrator of the National Highway Traffic Safety Administration. Hurley, a longtime safety advocate, has served as MADD’s chief executive officer since 2005 and worked for the National Safety Council and the Insurance Institute for Highway Safety.

At MADD, Hurley urged states to adopt tougher drunken driving laws and require first-time offenders to use ignition interlock devices on their cars. The devices require drivers to blow into an instrument that measures alcohol and prevent a vehicle from starting if the driver’s blood alcohol concentration exceeds a certain level…

The organization has received funding from several auto companies, including General Motors Corp., Toyota Motor Corp., Ford Motor Co. and others. The General Motors Foundation provided MADD and MADD-related programs with $133,000 in grants in 2007, according to financial records filed with the IRS.

What do you think Mr. Hurley’s first order of business will be?

DUI Attorneys - SR22 Insurance - DUI Laws

DUI Attorneys - SR22 Insurance - DUI Laws

DUI Arrest Help specializes in providing comprehensive information pertaining to DUI and related drunk driving offenses. In addition to providing DUI related information we have also partnered with the most aggressive, highly skilled DUI attorneys from across the country who can represent you in your defense of a pending DUI charge.

As DUI laws continue to get tougher and tougher, it is extremely important that you have a skilled DUI attorney on your side that knows your states DUI laws inside and out in order to have a positive outcome in your DUI case. A DUI charge is a very serious offense and if not dealt with properly, can haunt a person for years.

Having an experienced DUI attorney in your corner will give you the peace of mind you deserve knowing that a professional is handling your case. Most people are concerned about what the DUI attorney fees will be and base their decision on whether or not to hire a DUI attorney to represent them in court based solely on the fees. When the truth of the matter is that in the end it will actually cost you more if you do not hire a DUI attorney to represent you in court.

DUI Attorneys Listed By State

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DUI Charges

When someone is arrested on a DUI charge, they are charged with two separate offenses. The first offense is the criminal charge of drunk driving and the second offense is an administrative action taken against your driving privileges by the DMV.

Understand that these are two completely separate issues. The criminal charge will be handled through the court system and the administrative action is handled through the DMV. If you wish to save your driving privilege it is important to request a DMV hearing immediately.

In most states you have ten days from the initial DUI arrest to request your DMV hearing. This is another reason why it is so important to have a DUI attorney on your side. This is one of the first things DUI attorneys do for their clients is to get a DMV hearing scheduled because they understand how important it is to retain a clients driving privileges.

The administrative action that is taken by the DMV is based on the 'per se' law. The 'per se' law basically says that if a person has been found to be driving a vehicle while their BAC level is at or above the state legal limit, they are presumed to have been driving under the influence. Based entirely on the 'per se' law, the DMV will suspend or revoke your driving privileges.

In order to reinstate your driving privileges, the DMV will require you to carry a specialized high-risk policy referred to as SR22 insurance. An SR22 is not really an insurance policy; it is a form that is filed by your insurance company with the DMV. This form is basically an agreement between your insurance company and the DMV that states that if for any reason there is a lapse in your SR22 auto insurance coverage, the insurance company is required to inform the DMV of this lapse in coverage immediately.

If for any reason there is a lapse in your SR22 auto insurance coverage, the DMV will immediately suspend your driver’s license for failure to comply with the mandatory insurance requirements.

As the DUI laws continue to get tougher, you may also be required by your state to have an ignition interlock system installed on your vehicle in order to reinstate your driving privileges. A number of states are now even requiring an ignition interlock system for first time DUI offenders.

State DUI Laws

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Finding an Experienced, Knowledgeable DUI Attorney

The economy even hurts attorney jobs. Make sure you find an experienced, knowledgeable attorney in DUI Laws at a well known, reliable law practice. It could be a matter of winning or losing your DUI case.

Why it is important to find a DUI Attorney

DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI attorney.

Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities.

Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a difference in the outcome of your case.

DUI.com is a national directory of drunk driving defense attorneys. Most of the DUI lawyers and attorneys listed in our directory are members of the National Association of Criminal Defense Lawyers and the National College of DUI Defense as well as certified in administering the standardized field sobriety test and intoxilyzer breath test. The DUI attorneys on DUI.com limit their practice to primarily DUI/DWI and drunk driving defense. It is important that you chose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state. Choosing the right DUI lawyer may help you save your driver's license and get your drunk driving charge reduced or even dismissed.

Privacy Policy

Update April 2009 - Privacy Policy

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State Drunk Driving Laws

State Drunk Driving Laws

Drunk Driving Laws

Laws provide many tools to combat drunk driving. Administrative License Suspension laws allow licenses to be seized during an arrest. States use .08 Blood Alcohol Concentration (BAC) to determine drunk driving, and many have increased penalties for drivers with higher BAC levels. A federal program offers incentives to states that adopt open container and repeat offender laws.

Drunk driving penalties can affect a driver's vehicle or license plates. Vehicles may be impounded or sold, or specially marked license plates or installation of ignition interlock devices may be required. Alcohol Exclusion Laws allow insurance companies to deny payment for treatment of drunk drivers' injuries. The laws have limited the ability of physicians to diagnose people with alcohol or drug problems and refer them to treatment. States have recognized this and are responding by repealing such laws.

Highlights of current state drunk driving laws include the following:

• 7 states (Alaska, Arizona, Illinois, Louisiana, Nebraska, New Mexico and Washington) have made ignition interlocks mandatory for all convicted drunk drivers, even first-time offenders.
• 43 states, the District of Columbia, the Northern Mariana Islands and the Virgin Islands all have some type of Administrative License Revocation on the first offense.
• 41 states, the District of Columbia
  and Guam have increased penalties for high BAC.

Your First DUI

ref: 1800duilaws

You, or someone you care about, have just been arrested for DUI or DWI. What now?

First: You only have a limited time to request a hearing with the Department of Motor Vehicles to avoid automatically losing your license. In California, that time limit is 10 days from the date of your arrest to request a DMV hearing. Other states have different deadlines. It is critical that you contact a qualified DUI or DWI lawyer in your state as soon as possible to avoid the automatic loss of your driving privileges. In California, if you miss that deadline, you have waived your right to a hearing, and your license will automatically be suspended after 30 days, period. Do not miss this deadline! By filing the hearing request (and I do it by fax for all my clients, to prove it was done on time), your driving privileges are not suspended after 30 days. Instead, you are allowed to drive as if the DUI arrest never happened, until and unless you lose the DMV hearing, which will be scheduled for months away..

Next: do not assume all is lost. The issues that win cases are not always known at the outset. They require investigation, and you may not necessarily know what to look for. A good DUI lawyer will. Just because a breath test result is a .12, or a blood test result is a .15, don't assume that your case is not worth fighting.

For example, in any case involving a breath test, I will obtain the calibration records, maintenance history, and accuracy checks of the machine that was used to test my client. If there are problems in any of these areas, the results may be excluded. If it is a blood test, I insist upon obtaining a "split" of the blood sample for independent testing. There are certain requirements about how these blood samples are to be taken and preserved. If there is an inadequate level of preservative or anti-coagulant, the blood may actually ferment and produce its own alcohol, rendering the results completely meaningless.

In our justice system, the prosecution bears the burden of proof, meaning that in order to earn a conviction, the prosecutor must convince the finder of fact of your guilt beyond a reasonable doubt. In California, where I practice, that means that all 12 jurors must be convinced in your guilt beyond a reasonable doubt. If even one juror votes "not guilty", the jury is hung, and more often than not, the case is dismissed. So how does the prosecution go about its business of trying to prove guilt?

There are four distinct aspects to the case that a prosecutor will use: driving pattern, physical appearance, Field Sobriety Test performance, and chemical test results. The case is like a table with four legs; if one of those legs is broken, the table cannot stand. Likewise, if there is reasonable doubt regarding any aspect of the case, an accused should be acquitted.

The driving pattern that police officers typically report can be incomplete, and one-sided. They may only jot down those things that the driver does wrong. A trained DUI defense lawyer will point out the many things their client does right. By pointing out the ways in which a driving pattern is consistent with sobriety, a DUI lawyer can rebut this aspect of the prosecution's case.

Physical symptoms may appear at first glance to be damning evidence of guilt; they can be an opportunity to point out inaccuracies in the investigation done by the officer. Police will point to red, watery eyes as a symptom of impairment, but may not bother to ask if someone is fatigued, has allergies, has been around cigarette smoke, or if there is any other reason for red eyes. An odor of alcohol on the breath may sound bad at first blush; but it is really the mixer in the beverage that has an odor, and not the alcohol itself. If you have any question about this, drink a 6-pack of non-alcoholic beer, and compare the strong "beer breath" to the odor following a couple of vodka martinis, which have nearly no odor.

Field sobriety tests can likewise be debunked by a skilled lawyer. How many of us performed physical agility exercises to get our licenses? None. What do these random, unfairly administered physical exercises have to do with driving skills? Nothing. Juries will likely understand that agility suffers when an already nervous person is forced to perform roadside gymnastics after armed, uniformed police officers have forced them out of their car in the middle of the night.

Chemical testing is the fourth "leg" of the prosecution's table. Keep in mind that before the results are accepted, they must first be proven to be accurate and reliable. If the machines are working properly, if all the regulations regarding testing were observed, if the numbers are indeed accurate, then there are still issues relating to the alcohol level at the time of driving, for this is the crux of a DUI case. It is not illegal to have a .12 back at the police station; that number is only relevant to the extent that we are able to use it to look back and determine the alcohol level at the time of driving. It is quite possible to scientifically demonstrate that someone who is a .12 at the station was really a .06 while driving, once drinking pattern, stomach contents, absorption rate, time of drinking, time of driving, and time of testing are considered.

I hope this information has been eye-opening, and not overwhelming. The point is this: things are not always what they appear to be in a DUI case, and they are never open-and-shut. Put your case in the hands of a trained professional, and you may be gratified with the results.

Welcome to Dui Charges. Dui Charges will inform you on the latest dui state laws, dui facts, what to do when you get a dui, dui state attorneys, state legal limits, dui in the news and defense strategies. Any Questions, email me katmando5139@yahoo.com.

DUI Charge

A legal form of double jeopardy

According to our justice system, no person can be tried and convicted of the same crime twice. This is known as double jeopardy. However, there is a rare, yet legal form of double jeopardy when it comes to being charged with driving under the influence. When most of us think of being arrested for DUI, we picture going into a courtroom with a judge presiding over our case. While this is true, there is another separate case you’ll have to face and it’s with the department of motor vehicles.

After a person is arrested for drinking and driving, their state’s department of motor vehicles will seek to suspend their driver’s license before the person has actually been convicted of the crime. This is legal because it is a civil proceeding, not a criminal one. Driving is considered a privilege not a right, which is why the department of motor vehicles can suspend or revoke a person’s license for a drinking and driving charge. If the department of motor vehicles finds you guilty of DUI, you’ll get what’s known as an SR-22 insurance policy—an extremely high rate insurance policy. However, the DMV may reinstate your license if you get an SR-22 insurance policy.

It’s important following a DUI arrest to immediately contact a qualified DUI defense attorney. This is a serious criminal charge. A DUI lawyer can even assist you with your civil proceeding with the department of motor vehicles. Many states require that you request a hearing in order to fight for your driver’s license. If you fail to request a hearing (usually within 10 to 14 days following your DUI arrest), an administrative license suspension can automatically go into effect. Your attorney can request a hearing for you and take care of the paperwork process and even represent you during the hearing.

While the civil proceeding is one way you can lose your driver’s license, you have to remember that your driver’s license can be suspended or revoked during your criminal court case. This is where double jeopardy comes into play. Even if the department of motor vehicles finds you not guilty of DUI, you can still lose your driver’s license if you are convicted of DUI in criminal court. In either case, the DMV is the one that suspends a driver’s license, not the state.

It’s important to always ask an experienced DUI defense attorney about the questions you have surrounding your DUI charge.