DUI Defense Lawyer : Driving Under Influence Defense Lawyers, DUI Attorneys, and DUI Defense Lawfirms
If you have been charged with driving under influence (DUI), please note that charges you are up against are indeed serious charges, and they can carry severe and long-term consequences that could be detrimental not only to your present but also to your future. If you have been arrested for DUI, it is in your best interest to promptly seek legal assistance from an attorney who is experienced in DUI laws, and prepared to help you protect your rights.
Depending upon the blood alcohol or breath analyzer test results, your driving license may be revoked for 30 days or more depending upon your State laws. In some states, if you registered .08 or above in a blood and/or breath alco tests, you lose your privilege to drive and/or your driving license. However, you may probably be eligible for a limited driving privilege after 10 to 15 days depending upon your local/state regulations. You may also be required to show up at a court date. Your attorney may be able to get you excused (in some cases) from having to appear at court dates. If you attorney can demonstrate that your constitutional rights have been violated during or after your DUI citation, he may be able to get the Court suppress some (if not all) of the evidence against you. Usually at your first trial, the Judge would sit in as both the judge and the jury. If he finds you to be guilty, you or your attorney can appeal that verdict, and request that a jury of twelve be appointed to hear your case. They are, of course, not informed of the first verdict. If you are convicted or if there is a plea bargain, the Court would impose a sentence which may include jail time, house arrest, community/public service, DUI classes, license suspension, suspension of your driving privileges, probation and/or fines.
If someone lost life because of a drunk driving accident, however, it usually results in Felony death by motor vehicle conviction -often charged as second-degree murder. In some states, if a person is convicted for DUI/DWI for the fourth time within seven years, a mandatory Habitual DWI conviction carries no less than one year sentence in the Department of Corrections. However, most judges hand out a much tougher sentence than the minimum (one year) sentence to those convicted for habitual DWI. If you are convicted of Habitual DUI or Habitual DWI, it is also considered to be a felony conviction.
Here are a few facts that you may find interesting:
- Many states grant you a Limited Driving Privilege after sometime -typically after ten days from the time of your arrest.
- Even if you were found guilty, you can have (assuming there were no Grossly Aggravating Factors in your case) limited driving privileges restored. It allows you to drive from 6:00 AM to 8:00 PM (during the week days), as well as during any court-approved non-standard work hours.
- Even if you were to refuse the Intoxilizer test, you can get a Limited Driving Privilege if you have been suspended for a minimum of six months, and provided that you fulfill the conditions of a regular Limited Driving Privilege.
- Contrary to the popular belief, you cannot be required to give evidence against yourself. In other words, you are not required to perform Physical Field Sobriety Tests (many people could not pass them even if their BAC is at 0.0), take the Alcohol Sensor Test, or take the Intoxilizer Test.
- Most DUI attorneys will tell you that you should not take the intoxilizer test if there are any Grossly Aggravating Factors, such as prior DUI/DWI convictions. They will further tell you that even if you have a clean record, you should not take neither the Field Sobriety Test, nor admit anything.
Please remember that the DUI charges against you are serious charges and they can carry severe long-term, far-reaching consequences for you. Talk with a DUI Attorney Today!
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