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Posts Tagged ‘dui’

A DWI Felony Is No Trivial Matter

July 29th, 2010 No comments

No matter how many warnings are out there concerning drinking and driving, countless numbers of people still do it every day. It’s not possible to know exactly how many people violate this law because most of them go without getting caught. Sooner or later it’s bound to happen; individuals become brave after getting away with it and eventually make another wrong decision at the wrong time. Driving while intoxicated can turn into a DWI felony charge in the blink of an eye. Felony charges will always carry jail time, whether it is in a local, state, or federal prison. Depending on the person’s criminal record the punishment will vary.

Most of the time it’s easy to tell if someone is driving while impaired. The vehicle may swerve or make other erratic movements, as well as going at a speed that is too fast or too slow. It’s very fortunate for everyone on the road when a person that has been drinking and driving is pulled over and arrested before anything bad happens. It’s a known fact that accidents can be caused because of the weakened reflexes and compromised judgment. There are additional charges that will apply if an accident does occur. Furthermore, if someone is killed as a result of the wreck the driver will be charged with vehicular homicide. Needless to say, a lengthy stay in jail will follow.

It’s true that some drivers that are caught drunk only get what some people call a slap on the wrist. This can include punishments such as probation or community service. It’s debated that such criminals should receive a harsher consequence, because they will feel free to do it again. While the law remains the way it is, it’s highly suggested that all drivers keep a sharp eye out for anyone that could be a danger on the road.

Source: LawAndTheLawyer.com

Categories: Law Tags: , , , ,

5 Misconceptions About DWI & Breathalyzers

February 9th, 2010 No comments

There are many common myths with regards to DWI and DUI. Here are five that come up again and again:

1. Sucking on pennies or nickels will help you pass a breathalyzer test. This is an old wives tale that simply isn’t true. Sucking on coins has no effect on your breathalyzer test. Don’t be fooled by this one.

2. A breath test is taking a measurement of my blood alcohol level. This is false. What a breath test is doing is estimating the amount of alcohol in your breath. Many people confuse this as to what your blood alcohol level is. This can only be found by taking a blood sample, the breathalyzer is simply an approximation of the alcohol in your system.

3. Drinking coffee or splashing cold water on my face will sober me right up. Nope, another one bites the dust. The only thing that will help is time. You need to let the alcohol run it’s course through your body. Ingesting caffiene or splashing cold water will make you drunk and awake at best.

4. A breathalyzer is an exact reading. A breathalyzer test is more of an approximation than an exact reading. In fact, there are several different things that can reduce the accuracy of a breathalyzer reading. For example, diabetics with Hypoglycemia or eating fruit shortly before a breathalyzer can influence the results. It’s best to understand that this is a good indicator, but not a 100%, full proof measurement.

5. Any attorney can defend a DWI offense. Getting charged with a DWI is a very serious offense. It is important that you seek the guidance of an attorney that has had experience with handling DWI’s. The consequences for a DUI can include a suspended license, increased insurance rates, probation, community service, even jail time. It is important that you take the charge seriously and speak with a DWI attorney that can help you.

If you find yourself facing criminal charges for a DWI, you are trying to figure out what to do. Instead of guessing about what course of action you should take, talk to a DWI attorney San Antonio about what options you have. Speaking with a DWI lawyer San Antonio can help bring resolution to your issue.

Penalties of a California DUI and How to Pick the Perfect DUI Attorney

February 6th, 2010 No comments

Got arrested for a San Diego DUI? California begins a lengthy road of turmoil, financial loss, loss of reputation and, in some cases, jeopardy of employment. Therefore, if you drink and drive, you should be quick to contact a San Diego DUI Attorney. It only requires is a few beers, or a few drinks to raise your BAC above the legal limit. Don’t be surprised if you are found to be over the limit, you will be arrested and will need to quickly hire an experienced San Diego DUI attorney to save you from conviction.

It is important to know, you don’t need to be absolutely drunk to get arrested for a DUI. You do not even necessarily have to be swerving in between the road lines. You could be pulled over for something not related, such as an expired registration sticker, an outdated license plate, or perhaps a broken taillight bulb. If the police officer suspects you’ve been drinking, whether he smells alcohol on your breath, thinks he hears you slur your words, or notices that your eyes are overly red, he has enough probable cause to administer a field sobriety test.

When you get arrested, you are read your rights by the officer. Be sure to take advantage of your right to remain silent, and your right to an attorney. If you do not know of any attorneys, you will have the opportunity to find one or you can have your friends and/or family do some research to pick the best DUI attorney for your case.

Drunk Driving Penalties

It is very important you select the best attorney, and don’t even waste time thinking about representing yourself, as the consequences for drunk driving are both harsh and costly. This is for a valid reason. Drivers driving under the influence are using their vehicles as weapons. Every week, many innocent people are killed by people driving drunk. Therefore, police officers and courts have no patients for people who make the decision to drink and drive.

When you get arrested for drunk driving, you will be charged and will spend the evening in the drunk tank. This is the holding area where many intoxicated people are placed to take time to sober up before they see the judge. When you face the judge in court he/she will ask you how you plead, guilty, not guilty or no contest. Many people make the mistake of pleading guilty because they had a beer or two, and were arrested for DUI. The truth is, for an experienced San Diego DUI attorney, it may be possible to have your charges greatly reduced or even have the charges dismissed completely.

If you plead guilty, or are convicted of a DUI, this will put a felony on your record. This alone bars you from some employment as well as most apartment complexes. You will have to pay fines and court costs that sometimes cost thousands of dollars. Most times you’ll be forced to complete an alcohol awareness course, community service, or anything else the judge deems appropriate for your particular case. You could also face loss of work, and/or loss of your job completely. With all of these penalties facing you, you owe it to yourself to hire the very best DUI attorney you can find.

How to Find the Best Attorney

There are many ways to go about finding the best attorney in San Diego. Don’t trust the ads on TV or the ones in the yellow pages. Any attorney with money can make an ad or a commercial and claim to be the best. What you want are referrals.

Do you have any friends or family that have been previously arrested for drunk driving and received a decreased charge or was able to get their case thrown out of court entirely by a San Diego DUI attorney? That’s the attorney you want to be calling. If you don’t know anyone who is familiar with a good San Diego DUI attorney, you should hop on the internet and do a Google search. Usually, you can find testimonials of DUI attorneys in your local area. That is usually one of the best ways to discover a San Diego DUI attorney that can rescue you from the loss of time, money and your reputation that being convicted of a DUI will have on you.

Looking to find the best deal on assistance with your San Diego DUI, then visit www.sandiegoduiattorneynow.com to find the best legal recommendations from a San Diego DUI attorney for you.