Conviction for driving under the influence (DUI)

When a person is convicted or pleads guilty to driving under the influence of substances (Driving under Influence [DUI] or Driving While Intoxicated [DWI]), the appropriate legal punishment is determined in the sentencing phase.

Different penalties for the person guilty of DUI can be imposed, such as:

  • Incarceration (short-term). In many states, the offenders who commit first offense may be deprived of his liberty for a short period in prison; however, several states strongly punish those who commit this crime for the first time and impose other penalties listed here.
  • Incarceration (long-term), They could receive stricter penalties on offenders reoffend DUI offenses they are convicted of offenses of aggravated DUI or DUI offenses have been committed and caused injury or death to another person.

Suspension or revocation of driver’s license, many states suspended the license of a drunk driver, even the first time committing the crime. The duration of a suspension or revocation of the license varies widely by jurisdiction and the nature of the crime.

  • Use of ignition interlocks devices (Ignition Interlock Devices, IID). In many states, a crime committed after DUI laws allow or require the use of these devices (which block the ignition of a car until an alcohol breath sample is provided).
  • Seizure of vehicles. in some states, laws allows or requires the seizure of the vehicle of who are repeat DUI offenses.
  • Information about drug / alcohol rehabilitation. Many states require or permit the completion of information programs or courses on drugs or alcohol before restoring driving permit those who committed a DUI offense.
  • Community service. A sentencing judge may impose different types of community service to commit a DUI offense.
  • Probation is an alternative to incarceration and is a period in which the defendant has certain restrictions and requirements, such as community service and has a restricted license.
  • SCRAM bracelets. As a penalty or when the offender is on probation, some jurisdictions allow the use of these ankle bracelets that monitor the level of alcohol.

Suspended penalties, these penalties take effect if the conditions of probation are violated.

Penalties are generally issued immediately after a DUI conviction and the sentencing judge receives inputs from prosecution and defense in some cases. The judge will consider the punishments and penalties that are identified in the applicable statutes of the Criminal Code or the Code of Transit, and different step-specific factors, among others:

  • Criminal history and record of the accused DUI offenses
  • Impact of crime on victims of DUI (i.e., if injury or death is caused)
  • Personal, economic and social circumstances of the accused
  • Expression of regret or remorse on the part of the defendant

Consult an attorney specializing in DUI

If you or a family member is arrested for DUI, you may need the services of an experienced DUI lawyer. An attorney who specializes in defending DUI charges evaluate all the evidence, including the procedure and the results of field sobriety tests and chemical substances, to ensure that their rights are protected. It is also important to talk to a doctor familiar with the laws of your jurisdiction lawyer. Most offer free consultations, so your first step should be to contact a lawyer specializing in DUI.

Differences between DWI and DUI

If you are traveling elsewhere, you might not be aware that a Houston DWI lawyer is the rough equivalent of a DUI attorney elsewhere. The reason for this is that the Texas legal system refers to driving while intoxicated as opposed to driving under the influence.

But it is important to note that DUI laws vary greatly from state to state and locality to locality too. To enter a full comparison between a lawyer and Houston DWI lawyer DUI require the same depth and detail that would be necessary to simply compare DUI laws also.

They are equal in a very important aspect. These laws are designed to prevent driving a motor vehicle under the influence of anything that might affect your ability to properly operate the vehicle; and this is not without reason. The idea is to prevent potential major injury or death from improper operation of the vehicle.

If you are arrested for driving under the influence, you should immediately contact a qualified lawyer to advise you on your rights. Do not try to just do some research and handle the situation on your own. You need someone to walk you through the process. A qualified Houston DWI attorney can walk you through the process, and aim to reduce the impact that the case can have on your life.

If you’re in another part of the country, somewhere where the term is used DUI, and then a Houston DWI lawyer is even more important. You need someone who not only knows the local legal system, but also players. Review our experience and contact us to know how we would handle your case.

Dui refusing the breath test

DUI – WHAT HAPPENS IF I REFUSE TO SUBMIT TO A BREATH TEST?

You’ve been pulled over in a routine traffic stop. The officer suspects you may be under the influence of alcohol and asks if you will submit to a breathe test. This is among the most difficult decisions that my clients and other drivers must take when asked by a law enforcement officer. One of the most common questions that I am asked in regards to my DUI defense cases is what happens when my clients decide not to submit to the breath test.

To begin, there are two distinct types of breath tests.  There is what is often called a preliminary breath test, or PBT, which is only admissible in court to show that there, was a presence of alcohol in a driver’s system.  This is often redundant for the officer when the driver admits having had two drinks, or admits having drunk any alcohol.  The other test is the state administered breathalyzer test, which is a much more complicated piece of machinery that requires state certification and training to operate. In order for the officer to ask a driver submit to breathalyzer test, several conditions must be met:

  • There must be probable cause for the stop of the driver.
  • The driver must be under arrest.
  • The driver must read what is called “implied consent,” which is a very specific notification advising the driver on what might occur if he/she refuses to submit to the test.

If these conditions are not met, the officer risks that the results of the test may be inadmissible as evidence in a later trial.

Many drivers, when faced with the question of whether or not to submit the test, are not in the best position to make an informed choice.  These drivers are most often in an extremely high-stress situation.  They are terrified about what is happening and unsure about what will happen next.  They may not know how long they will be in custody and are thinking about what they will tell their spouses, their bosses, their parents, or whoever else may be expecting them.  The drivers are almost uniformly denied the opportunity to consult a lawyer and ask what they should do.  Thus, many agree to submit the test out of fear of the consequences if they refuse.

The consequences for refusal are significant.  If a driver refuses to submit to the state administered test and the officer has met the precondition requirements, the driver’s license to drive can be suspended for one year.  This suspension is different from the suspension that would take place upon a conviction for DUI and does not come in as evidence in the criminal case.  In fact, this suspension is the subject of a separate court and civil hearing, if in the driver files the appropriate paperwork and appeals the officer’s notice of suspension for failure to consent to the test.

If this sounds complicated, it is because there are a lot of moving parts and considerations that must be made within a specific time frame.  In certain cases, it may be in the driver’s best interests to refuse the test, endure a license suspension, and maintain a better chance of success in taking the case to trial.  If the driver submits and there is a test result of 0.08 or higher, the prosecution’s case against the driver is often much, much stronger.  This is true because regardless of how well a driver appears to handle field sobriety evaluations on a police car video, the jury is authorized to convict a driver of DUI when he/she has an unlawful blood alcohol content, or BAC.

So, while it is difficult to say whether or not the suspension will stick or be upheld in court, the most serious consequence for a refusal to submit to the state administered test is a one year suspension of the person’s driving privileges.  These considerations impact how the criminal aspects of the case should be handled and typically change the strategy on handling the case depending on the jurisdiction.

Fight DUI charges with a prominent lawyer

Therefore, if you are drunk, while driving do you think you will escape the police in controlling traffic signal? In the confidence of being discovered and neglect, you hit someone innocent? You should know that you have landed in big trouble. Driving under the influence of alcohol is a crime. You cannot get away with it so easily. It can lead to a huge penalty. There is only one way of hope that can protect you. It Is Newport Beach DUI attorneys. They can fight your case for you. They shall ensure that the case strategized so that the ball is in his court. However, it is very essential to hire an attorney who has experience and knowledge of DUI law. You should not hire a DUI lawyer from Orange County just because the office is built superbly. You must consider important aspects before making a decision to hire a lawyer. This will help in finding the help of specialized lawyer who has won a reputation for winning DUI cases. Therefore, knowing the important tips and suggestions to hire a reliable lawyer in your area is a must.

First, it is important to seek advice from friends who had hired a DUI lawyer from Huntington Beach that encompasses the type of offense. This is an ideal way to find a reputable company as you will get personal experience of friends or family as option. You should know how the attorney handles all aspects of the case. Moreover, the home search websites is also a good way to locate DUI lawyer in your area.

Once you have found a Criminal Defense Attorney of Orange County, which has considerable years of experience in DUI cases, then you should know whether the professional offers a free initial consultation or not. This is very important because it will give a brief idea of ​​how the lawyer works. For transparency in the case, it is essential to be frank and honest in sharing the situation.

If you have hired a law firm, then you should know who will handle your case. In the case of an independent Criminal Defense Attorney in Santa Ana, you need not worry about this aspect. The high-profile lawyer will talk to you directly. The following discussion should be on rates to combat the cause. You should try to negotiate. If you think that the cost is within your budget, then you should make sure you are comfortable interacting with the lawyer or firm. This is very important because it will be an intimate part of your life until the final judgment is not announced by the judge. You will not feel insecure when it comes to Los Angeles Criminal Defense Attorney. By interacting with them, this is for sure feeling that you are in good hands!

This may be the last chance to get rid of DUI charges. Call criminal defense attorney as soon as possible.

DUI – DUI/DWI

The Defense against DWI Charges

The driving while intoxicated is a sadly common mistake that can put people in serious problem – people who have never had a problem with the law. A brief lapse in judgment caused by too many drinks can have seriously detrimental consequences to long term. The law enforcement vigorously pursue DWI offenders and prosecutors work hard to release the power of the law on them, when drunk drivers are a great disservice to public safety, People may fear your name, reputation, employment and family dynamics are all adversely affected due to this error. The good news is that valuable consultant is available from a criminal defense attorney in Houston who can work hard to put things right.

The penalties for DUI – also known as DWI under Texas law – are stiff, even for first-time offenders. Penalties of $ 2,000, ongoing fees to keep driving license, six months in prison and loss of license for a year anyone who is convicted of first misdemeanor DWI. Repeat offenses may lead to heavy prison sentences of 10 years and penalties of up to $ 10,000. A person may think that he is ‘okay’ to drive, but if he/she is caught exceeding the legal limit for blood alcohol concentration (BAC) – .08%, he/she will go to jail. The police can also detain someone even if they simply observed driving erratically or in an unsafe manner as DWI suspect.

DWI Defense Attorney in Houston

A person needs an expert legal team to defend against DWI charges. Attorney Jeff Greco has extensive experience in process on both sides of the aisle, he have attended special sessions of DUI defense at the prestigious Harvard Law School. With this invaluable experience on his side, a customer can be assured that evidence will be scrutinized and that the case will be put into a distinct advantage.