Archive for January 2008

Suspected DUI

A woman police officer pulled over a man for suspected DUI and said,
“You are under arrest. Anything you say can and will be held against you.”
The drunk replied, “WoW.”
You should know Field sobriety test secrets.

Officers may administer non-standardized tests, which might include:

stand with feet together and tip the head backwards
count the number of fingers that the officer raises
recite the alphabet or a portion of it
count backwards
Rhomberg stationary balance test: the driver stands, feet together, and leans the head back to look up at the sky while holding their arms out to the side
finger-to-nose: this requires the driver might to close his or her eyes and bring the finger around to touch the nose
hand-pat test: the driver is asked to extend a hand in front, palm upwards. The other hand is then placed on top of the first hand, palm downwards. The driver then ‘pats’ the lower hand with the upper hand by rotating it, so that first the lower hand is patted with the palm of the upper hand and then with the back of the upper hand.

Driving With License Suspended

Offenders who are convicted of more than one DUI offense can be given repeat offender status. The penalties imposed upon repeat offenders are more severe to try to prevent these offenders from committing further offenses. There are also penalties in place for offenders who are caught driving with a suspended license. This is called Driving With License Suspended (DWLS). A first DWLS can result in up to 93 days in jail and fines up to $500.

Defense lawyers frequently argue that tests used by the police to measure blood alcohol levels in women are flawed because most of these tests are calibrated using a “average” sized male and because there is some scientifice evidence that women metabolize alcohol differently than men.

During the Horizontal Eye Test the Officer will ask you to follow his finger using only your eyes and not moving your entire head. A sober person (assuming no physical or age impairments) will have no problem with this exercise, but someone who is intoxicated will display abnormal eye jerking. Based on his findings the Officer will shine a light into your eyes and check pupil dilation.

There are many factors that can affect the results of a blood or breath test at DUI conviction. A good DUI lawyer on your side will give you your best chance at showing reasonable doubt. A good DUI lawyer will also be aware of the many potential defenses, strategies and tactics that can be used. Remember, you must be found guilty of the DUI-related offense beyond a reasonable doubt to be convicted.

Signs of intoxication

Being charged with DUI can therefore make life costly and difficult in many ways. If you believe that you have unfairly been accused of DUI conviction, it is important to seek legal assistance as soon as possible. DUI Process Manual
Once you have been found guilty or have admitted to DUI you have to bear the consequences, so it is vital to get this charge sorted out through the proper channels in order to avoid the severe penalties that are attached to DUI.

Signs of intoxication include:
Odor of Alcohol: Strong, Moderate, Faint, None
Eyes: Bloodshot, Watery, Glassy, Dilated, Constricted
Speech: Mumbled, Slurred, Confused, Not Understandable, Mushmouthed, Stuttered, Fair, Good, Accent, Thick Tongued
Balance: Wobbling, Falling, Swaying, Unsure, Needed Support
Attitude: Excited, Hilarious, Talkative, Uncooperative, Profanity, Polite, Sleepy, Combative, Indifferent, Cooperative, Insulting, Cocky
Walking/Turning: Falling, Swaying, Staggering, Stumbling

You should know Field sobriety test secrets.
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Driving Under the Influence

Driving Under the Influence is a serious crime in the State of Washington. Prosecutors are aggressive and with mandatory minimum DUI penalities it is necessary to retain an experienced attorney.
Driving Under the Influence is a gross misdemeanor. A person may be convicted of DUI if the person was operating a motor vehicle with an alcohol concentration of .08 or above. A driver can also be convicted of DUI if it can be proved the person was operating a motor vehicle while the ability to operate the vehicle was affected by alcohol and/or drugs. Conviction of a DUI will result in license suspension, fines, and jail time.

Boating Under the Influence is a misdemeanor. A person may be convicted of BUI if the person was operating a vessel with an alcohol concentration of .08 or above. A person may also be convicted of BUI if it can be proved the person operating the vessel was affected by alcohol and/or drugs. Conviction of BUI can result in jail time and fines. However, there are no mandatory minimum jail terms unlike DUI. A conviction for BUI does not affect a driver’s license.

How can you find a qualified drunk driving lawyer?
Do I have a choice of chemical tests? Which should I choose? In most states, you have a choice — of breath, blood or urine. If you choose breath, many jurisdictions permit you to have a second test of blood or urine; this is because a breath sample is not saved and so cannot later be re-analyzed by the defense. In California, only blood or breath are offered, unless neither is available in which case urinalysis is possible; a blood sample will be taken if requested after a breath test is given.

How can you find a qualified drunk driving lawyer?

The best way to find a good DUI/DWI lawyer is by reputation. There are a few attorneys who have national reputations; these, of course, are expensive. Thus, the best approach is to ask other attorneys in the jurisdiction: Who is the best in the area? If you do not know any attorneys, go to the local courthouse and ask bailiffs, clerks and public defenders: Who would THEY go to if arrested for drunk driving?

When people are accused of a crime, they face the terrible possibility of going to jail. A good attorney can represent anyone committed with a crime to the best of his or her ability. They can negotiate with prosecutors and can often arrange for reduced charges or lesser sentencing.

Do you have a right to an attorney when you are stopped by an officer and asked to take a field sobriety test? The law on this varies from state to state. As a general rule, however, there is no right to an attorney until you have submitted to (or refused) blood, breath or urine testing. In some states, there is a right to consult with counsel upon being arrested or before deciding whether to submit to chemical testing. Of course, this does not mean that you cannot ask for one.

What will it cost to get a lawyer?

This varies, of course, by the reputation and experience of the lawyer and by the geographic location. As with doctors, generally, the more skilled the attorney and the larger the city, the higher the fee. A related factor is the amount of time a lawyer devotes to his cases: the better lawyers take fewer clients, spending more hours on each.DUI Process Manual Have you recently been pulled over and cited for a DUI or drunk driving offense?

The range of fees is huge. A general practitioner in a small community may charge only $500-1000; a DUI specialist with a national reputation may charge up to $15,000 or more, depending on the facts. In addition, the fee may vary by such other factors as: Is the offense a misdemeanor or felony? If prior convictions are alleged, the procedures for attacking them may add to the cost.

What will it cost to get a lawyer?
The fee may or may not include trial or appeals. Administrative license suspension procedures may also be extra. The lawyer may charge a comprehensive fixed fee, or he may ask for a retainer in advance — to be applied against hourly charges.

Costs such as expert witness fees, independent blood analysis, service of subpoenas, etc., may be extra. Whatever the fee quoted, you should ask for a written agreement. And make sure you understand all the terms.

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DUI Advice

If you are stopped by a police officer and he asks you if you’ve been drinking, what should you say?  You are not required to answer potentially incriminating questions. A polite “I would like to speak with an attorney before I answer any questions” is a good reply. On the other hand, saying that you had one or two beers is not incriminating: it is not sufficient to cause intoxication — and it may explain the odor of alcohol on the breath.

In most states, if someone is arrested for DUI, DWI, OUI, OWI, drunk driving, or a related charge, they are required to provide a sample of their blood or breath for testing for alcohol content. If someone arrested for DUI or DWI has refused the test, it does prevent the prosecution from introducing evidence of blood alcohol level.

However, the collateral consequences are potentially severe. Unfortunately, in most states, a person arrested for driving under the influence does not have the right to consult with an attorney and DUI advice before deciding whether to give a sample of their blood or breath, or deciding what type of sample to give.
You should know Field sobriety test secrets.

DUI Symptoms

The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated.
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Turning with a wide radius
Straddling center of lane marker
“Appearing to be drunk”
Almost striking object or vehicle
Weaving
Driving on other than designated highway
Swerving
Speed more than 10 mph below limit
Stopping without cause in traffic lane
Following too closely
Drifting
Tires on center or lane marker
Braking erratically
Driving into opposing or crossing traffic
Signalling inconsistent with driving actions
Slow response to traffic signals
Stopping inappropriately (other than in lane)
Turning abruptly or illegally
Accelerating or decelerating rapidly
Headlights off
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DUI laws

Forty-five states have a DUI law that permits some offenders the choice of driving with a device attached to their vehicle’s ignition. This interlocking device performs a Breathalyzer test each time the operator of the vehicle tries to drive. If the operator has alcohol in his/her system, the device disables the vehicle and stops the driver from going anywhere.

Many cases of DUI get dismissed by experienced DWI lawyers on simple technicalities. An experienced legal expert in this field will know exactly what to look out for, and will be aware of the various loopholes that can mean the difference between a successful charge or a dismissal of charges. You can now find a number of lawyers that specialize in this field, and by going to a more experienced lawyer that has dealt with a large number of DUI cases in the past, you could increase your chances of success.

You should find specialist lawyers that defend against DUI charges. These lawyers know exactly how to handle DUI charges, and will assess the case fully in order to try and get your charges dismissed. These lawyers are well aware that a detailed process must be followed by the officer that arrests you on the charge of DUI. Failure to comply strictly with this report can result in a dismissal of charges, and experienced DUI lawyers know exactly what slip-ups to look out for in these DUI laws cases.

Commonly Encountered Enhancements

What is a sentence “enhancement”? Or commonly encountered enhancements? Most states increase the punishment in drunk driving cases if certain facts exist. The most common of these is an earlier conviction for the same or a similar offense — usually within five or seven years of the current offense. Other commonly encountered enhancements (which must usually be alleged in the complaint) include:A child was in the car at the time. The defendant was traveling 20 or 30 miles over the speed limit at the time. The blood-alcohol concentration was over .20%.

The defendant refused to submit to a chemical test. There was property damage or injury. The defendant was under 21 (”zero tolerance” laws commonly require a much lower blood - alcohol level and impose longer license suspensions). In most states, the existence of significant personal injury caused by drunk driving elevates the offense to a felony. A death can trigger manslaughter or even, in a few states (including California), murder charges.