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Right to Remain Silent - 2/1/2012
When you have been stopped for DUI, chances are that the police officer has already made up his or her mind to arrest you. So there is no point in arguing with him or her. Just do as he or she wants you to do – the sobriety tests and the breath analyzer tests. You can legally refuse these tests but that will only give them probable cause to suspect that you are driving under the influence. ...
Entering a Plea - 2/1/2012
If you have been arrested for DUI, you will be produced in court. During the arraignment, the judge will inform you about the charges against you and ask you whether you understand the charges. The judge will then ask you about the plea you wish to enter. You have three options: guilty, not guilty and no contest. ...
Basics of DUI - 2/1/2012
DUI or driving under the influence is a serious offense. To be charged with DUI, you must be caught operating a vehicle while your blood alcohol concentration is 0.08 per cent or higher. ...
Consequences of DUI Conviction - 2/1/2012
A DUI conviction has serious consequences. Criminal penalties are not the only consequences of a DUI conviction. There is more to a DUI conviction than just criminal penalties. ...
Expert Witness and Drunk Driving Accident - 2/1/2012
If you have been charged with drunk driving and causing an accident, you will probably need the services of an expert witness to show that your blood alcohol concentration had nothing to do with the accident. There are a few things you should keep in mind when you are choosing an expert witness. ...
History of Breath Tests - 1/5/2012
For the first half of the twentieth century, the primary basis for convicting operators of driving while impaired was through the testimony of the arresting officers regarding their appearance and behavior. ...
Field Sobriety Tests and Decision to Arrest - 1/5/2012
The horizontal gaze nystagmus test at the arrest scene estimates the angle at which a DUI suspect's eye begins to jerk about or "oscillate" Nystagmus is a medical term for eye oscillation. ...
Field Sobriety Tests - 1/5/2012
When a police officer stops a vehicle on suspicion of DUI, he or she will observe the driver for signs of intoxication such as slurred speech, reddish eyes, nervousness, etc. ...
Offense of DUI - 1/5/2012
DUI stands for driving under the influence. In some states it is referred to as DWI or driving while intoxicated. Intoxication does not mean drunk. ...
Consequences of DUI Conviction - 1/5/2012
DUI or Driving Under the Influence is a serious offense. It is referred to as DWI or Driving While Intoxicated in some states. ...
Standardized Field Sobriety Tests - 12/2/2011
In 1975 when the NHTSA wanted to develop a system of tests to determine if a driver is under the influence, sixteen tests were initially considered and out of the sixteen, six were selected for a detailed and evaluative study. ...
Ignition Interlock Device - 12/2/2011
If you are convicted for DUI, the court can order the installation of an ignition interlock device in your car. This device is similar to a breathalyzer. This device is fixed to the dashboard or some other place in the car. ...
Horizontal Gaze Nystagmus - 12/2/2011
In the Horizontal Gaze Nystagmus test, the police officer will observe the driver’s eye for involuntary jerking while the driver’s eye gazes to the side. This test is based on the assumption that alcohol use induces involuntary jerking of the eye. ...
Subjective Nature of Field Sobriety Tests - 12/2/2011
Due to the highly subjective nature of the field sobriety tests, these tests are inherently flawed. The police officer administering the test will never tell you but the fact is that the same officer administering the test makes the determination whether to arrest you. More often than not, this determination is generally incorrect. ...
Administrative License Suspension - 12/2/2011
A driver arrested for DUI can have his driver’s license suspended. The suspension is referred to as "administrative" because the license suspension does not depend upon a judicial finding or trial but is imposed by an administrative agency, ordinarily the state department of motor vehicles; and they are "per se" laws because refusing or failing the chemical test automatically triggers the law's application. ...
DUI and Exclusion from Canada - 10/31/2011
DUI is a serious criminal offense in the United States and in most countries across the world. Canada has taken a tough stance against drunk driving. If you have been convicted for DUI in the US or anywhere else, you may be ineligible for entry to Canada. Many people who are unaware of this rule end up being turned away at the port of entry. ...
Consequences of DUI Conviction - 10/31/2011
A person convicted of DUI will face a lot of problems. DUI may sound simple but it is no laughing matter. It is a crime. ...
Probable Cause - 10/31/2011
An officer must have probable cause to arrest a motorist for DUI. Probable case means that the police officer should have reasonable grounds to determine that the motorist is drunk, i.e. driving under the influence. Legally speaking, to prove reasonable cause, there must be a significant probability of guilt.
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Drunk Driving Roadblocks - 10/31/2011
Police administrators themselves agree that checkpoints "are a highly inefficient tactic for catching drunk drivers," as roadblocks are unproductive and a poor allocation of police resources. Overall, only 1 percent of the checkpoint stops result in a DUI arrest. ...
Preliminary Breath Tests - 10/31/2011
Most police units carry preliminary breath testing devices. These are portable devices that can be carried from one location to another and can be used to administer a breath test by the roadside. ...
Requirements for DUI - 10/2/2011
Merely because your blood alcohol concentration is above the legal limit, it does not mean that you have violated the DUI laws. To be convicted, the police must prove beyond reasonable doubt that you were driving or operating a motor vehicle while your blood alcohol concentration was above the legal limit. ...
Military DUI - 10/2/2011
If you are in the military and you have been charged with DUI, the consequences are far greater than what a civilian would face for a DUI charge. This is because of the high criterion of a military person. A military person is expected to be more responsible than an ordinary civilian. ...
Driver’s License Suspension - 10/2/2011
If you have been arrested for DUI, your driver’s license can be suspended. This is an administrative action by the state and does not require any court action. Courts will also not intervene to prevent this administrative action since it is independent of the criminal case. ...
Challenging Breath Analyzer and Blood Test Results - 10/2/2011
Generally the breath analyzer test and the blood test results will be strong evidence of DUI. However you can challenge these results in a court of law. ...
Blood Test Results - 10/2/2011
In a DUI case, the blood test result is the main evidence against the suspect. However even if the blood test results show a blood alcohol concentration of 0.08% or more, it does not mean that the suspect is guilty as charged. ...
Your First Steps after a DUI Arrest - 9/2/2011
Getting arrested for a DUI is no joke. You will want to explain your side of the story to the police and want to get away from there as soon as possible. ...
How Obama’s Uncle Failed the Field Sobriety Tests - 9/2/2011
On August 24, 2011 at around 19:05 hours, Officer Val Krishtal of Framingham, MA was driving east on Waverly Street in an unmarked cruiser. As he was approaching the intersection with South Street, he saw an SUV that failed to stop completely at a stop sign. The officer had to apply his brakes quickly to avoid striking the SUV. ...
Why You Need a DUI Attorney - 9/2/2011
A DUI charge is serious. Never take it lightly. There is a lot at stake. Consult with an experienced DUI attorney. You can be sent to jail and you may have to pay huge fines. ...
Factors Affecting the Results of a Field Sobriety Test - 9/2/2011
The police generally subject drivers suspected of driving under the influence of alcohol to field sobriety tests. The objective of these field sobriety tests is to determine if the driver’s blood alcohol content is above the legal limit. ...
Field Sobriety Checkpoints - 9/2/2011
When the police set up a sobriety checkpoint, they pull over vehicles according to a predetermined plan. When a vehicle is pulled over, an officer will approach the driver and if the officer’s encounter with the driver causes him or her to believe that the driver may be under the influence of alcohol, the officer will subject the driver to the field sobriety tests. ...
DUI Statistics - 8/4/2011
There are many people that are found guilty of driving under the influence of alcohol. Because of drunk driving, people fall prey to accident and are injured or have to loose their lives. ...
Driving Under Influence-Penalties - 8/4/2011
There are many drivers that are being arrested as a result of driving under the influence of alcohol and are considered as serious offence. In order to check this offence the penalties have been increased. With the efforts of Mothers Against Drunk Drivers many DUI laws have been passed nationwide since 1980. ...
Driving Under Influence - Consequences - 8/4/2011
Many states are clearing Zero Tolerance Laws when subject is DUI (Driving under Influence) laws and penalties are more severe than normally they are. The days are gone to hire a lawyer and reduce you punishment in court. ...
How to Defend Yourself against DUI? - 8/4/2011
DUI (driving under influence) is the most serious offence which causes injury and death of not only the driver but also other innocent people who fall prey to reckless driving. ...
How to defend and win DUI? - 8/4/2011
DUI (Driving under influence) convicts you against citation of the state and you shall be punished in court hearing for imprisonment and long suspension of your license. Even if, you are caught drinking and driving, there are still ways to reduce the charges that you will possibly face or have them dropped completely. ...
The Math of Getting Drunk - 8/2/2011
There are many factors that come into play when we drink alcohol. These factors decide how quickly one goes over the .08% Blood Alcohol Content which is the legal limit in all states in the US. ...
Consequences of a DUI Conviction - 8/1/2011
All states have severe DUI laws. In all states if you are caught operating or driving a vehicle when your BAC is 0.08% or higher, you will be charged with DUI. ...
DUI Trial - 8/1/2011
In a DUI trial, the prosecutor will start the proceedings by explaining to the court the charges against the person. The prosecutor will then proceed to produce the evidence against the person. ...
Sentencing in DUI Cases - 8/1/2011
Sentencing in DUI cases will depend on many factors. Generally a person convicted of DUI can expect to be sentenced to jail, pay heavy fine, undergo probation or do community service. The exact punishment will depend on state laws. ...
Breath Analyzer Tests Are Not Optional - 8/1/2011
If the motorist refuses a breath analyzer test, the police officer will have sufficient cause to arrest him for DUI and subject him to a blood test. In many states, a motorist who refuses a breath analyzer test will have his or her driver’s license suspended. ...
How to React if Arrested for DUI. - 8/1/2011
There are certain procedures the police officer must follow when he or she arrests you for DUI. Any variation from the set procedures can be used to your benefit during trial.
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Use of Sobriety Test Results as Evidence - 7/5/2011
A set of Standardized Field Sobriety Tests was developed by the NHTSA based upon measured relationships between performance on various tasks and measured blood alcohol level. ...
DUI Lawyer and Administrative Hearing - 7/5/2011
If your driver’s license has already been suspended, a DUI lawyer will apply to have it reinstated. ...
Community Service as an Alternative to Jail - 7/5/2011
A DUI offender can fulfill his or her community service hours in many ways including helping anti-drunk driving associations, cleaning the highways, speaking about the dangers of drunk driving before a group of people, volunteering at charities, etc. ...
Preliminary Breath Testing - 7/5/2011
Preliminary breath testing devices are portable, hand-held units that measure the BAC level from a breath sample, taken at roadside, by having the driver blow into a disposable mouthpiece. ...
Administrative License Suspension Hearing - 7/5/2011
In some states persons who refuse the chemical test cannot request an administrative license suspension hearing. ...
Using Arresting Officer’s Record as a Defense - 6/3/2011
You can use the information to discredit the officer in the eyes of the jury. ...
Refusal to Test - 6/3/2011
Depending on the system used in your state, you may be asked to undergo an urine or a blood test. You cannot refuse this test. There are severe penalties for refusing a chemical test including automatic suspension of your driver’s license. ...
DUI & Murder - 6/3/2011
A first time DUI is a misdemeanor offense in all states. In most state a second time DUI is also a misdemeanor offense. In some state states, a third time DUI offense is a felony. Felony crimes are punishable with imprisonment exceeding one year and hefty fines. ...
DUI Punishments - 6/3/2011
In all states, besides the criminal penalties, a person charged with DIU will face administrative action in the form of driver’s license suspension. This is an administrative action by the State Department of Motor Vehicles and has nothing to do with the outcome of the DUI charge. The period of license suspension varies from state to state. ...
Using Apps to Avoid DUI checkpoints - 6/3/2011
A DUI checkpoint must meet certain requirements to be constitutionally valid. One such requirement is that the police must provide advance notice of the checkpoint to the motorists. ...
Serving alcohol to intoxicated persons - 5/1/2011
Under social host liability laws, anyone who provides alcohol to a person who appears visibly intoxicated will be liable for any accident the person may cause as a result of the intoxication. ...
Why you can fail a field sobriety test - 5/1/2011
Historically, roadside sobriety tests used by police to make DUI arrests and to build cases that would stand up in court varied widely, were administered in a non-uniform fashion, and ultimately depended on the officer's subjective evaluation of the driver's motor coordination skills. ...
Should a DUI suspect be given the Miranda Warning? - 5/1/2011
Miranda warnings need not be given to persons stopped for DUI. ...
How Ignition Interlock system works - 5/1/2011
In many states if you are convicted for DUI you will be required to install an ignition interlock system in your car. ...
Police can use reasonable force to obtain blood sample - 5/1/2011
If you have been arrested for DUI, you cannot refuse a blood test. If you refuse, the police can use reasonable force to obtain the sample. This is what the Supreme Court decided in the Schmerber case. ...
The Most Common Sexual Crime: Indecent Exposure - 3/31/2011
The most common sexual crime in the United States is indecent exposure. Although considered a sex crime, it is not a crime for which most states will require registration on a sex offender databases. ...
What is Disorderly Conduct? - 3/31/2011
A common, but often misunderstood charge given by police is that of disorderly conduct. The exact definition varies from jurisdiction to jurisdiction, but most U.S. states have similar laws in a broad sense. ...
Real Housewives Reality TV Star Up On Forgery Charges.. Again - 3/31/2011
Joe Guidice, one of the stars of reality TV show The Real Housewives of New Jersey, was arraigned on charges of forgery for fraudulently obtaining a driver's license using his brother's identification.
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Pending DUI Cases By San Diego Cop May Be Dropped - 3/31/2011
A San Diego police officer accused of sexual assault and misconduct during several DUI stops and arrests has caused turmoil in the prosecution of pending cases the officer was involved in.
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Worried About DUI/DWI Checkpoints? There's an App for That - 3/31/2011
Despite the best efforts of lawmakers and groups fighting drunk driving, the apps are perfectly legal and easily available. Why? Because they have constitutional protection under freedom of speech. ...
Information Required for a DUI Prosecution - 3/31/2011
A good defense lawyer during a DUI case will know what to look for when examining this evidence and will likely be able to call into question the procedures, thus casting doubt onto the prosecution's case. ...
Field sobriety tests do not indicate BAC - 3/29/2011
The accuracy of the results of these tests are affected by the driver's age, educational and cultural factors, where and when the tests were conducted, among others. ...
Probable Cause for DUI Arrest - 3/29/2011
If you refuse to cooperate, the officer must assess whether the circumstances up to that point would constitute probable cause for a DUI arrest. ...
Reasonable Suspicion for DUI - 3/29/2011
Reasonable suspicion means there is reason to suspect (a reasonable possibility)-which can be objectively articulated--that the driver or other occupant has committed, is committing, or is about to commit a crime.
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DUI Arrest Probable Cause - 3/29/2011
The usual way drunk drivers are identified and apprehended is when a police officer (on roving patrol) stops a motorist for some type of suspicious, erratic, improper, unusual, or illegal driving behavior. ...
How prior DUI convictions can affect you - 3/29/2011
If you have been stopped for DUI, your Sixth Amendment right to counsel includes a reasonable opportunity to consult with counsel before deciding whether to submit to a blood alcohol test. ...
Tearing apart the prosecution's case - 3/6/2011
When you are arrested for DUI, the police will try to convince you that you must answer each and every question they ask you. Never answer any questions asked by the police or make any statements without talking to a DUI attorney. ...
Dram shop laws - 3/4/2011
The dram shop statutes held licensed servers liable for injuries incurred directly after serving liquor to intoxicated patrons. ...
Why you will need a DUI lawyer - 2/28/2011
Remember ignorance of law is no excuse. You will need the assistance of a DUI lawyer. ...
Time gap between the DUI stop and the blood test - 2/28/2011
Time gap between the DUI stop and the blood test, your blood absorbed the alcohol resulting in a blood alcohol concentration that is over the legal limit. ...
Administrative license suspension - 2/28/2011
In many states drivers who, upon arrest, refuse to take or fail a breathalyzer test are subject to administrative license suspension sanctions, which operate independently of any criminal action taken against the suspect or the outcome of prosecution. ...
Prior DUI Conviction Influence Future Penalties - 2/28/2011
The criminal justice system allows the judge to consider prior conviction while deciding the sentence. ...
DUI Results in License Suspension or Revocation - 2/14/2011
In all cases, if you are driving under the influence of alcohol, there is a good chance that you will lose your license, serve time in prison and serve a lengthy probation period. ...
Sheriff's Deputy Arrested for DUI - 1/28/2011
In Florida, a 22 year old Sheriff’s Deputy was arrested for DUI. Chad Jackson, a Sheriff’s deputy in Polk County was arrested around 2 am on the morning of January 15, 2011. ...
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