Drunk Driving Accidents

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
You should know Field sobriety test secrets.

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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.

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.

What is a “rising BAC defense”?It is unlawful to have an excessive blood-alcohol concentration (BAC) at the time of DRIVING — not at the time of being TESTED. Since it takes between 30 minutes and 3 hours for alcohol to be absorbed into the system, an individual’s BAC may continue to rise for some time after he is stopped and arrested.

Commonly, it is an hour or more after the stop when the blood, breath or urine test is given to the suspect. Assume that the result is .10%. If the suspect has continued to absorb alcohol since he was stopped, his BAC at the time he was driving may have been only .07%.

Should I agree to take a chemical test? What happens if I don’t? Thus, the decision is one of weighing the likelihood of a high blood-alcohol reading against the consequences for refusing.The consequences of refusing to submit to a blood, breath or urine test varies according to the state. Generally, there are three adverse results:Your driver’s license will be suspended for a period of time, commonly three, six or twelve months.

This may be true even if you are found not guilty of the DUI charge; in California, the suspension for a refusal on a first offense is one year. In some states, refusal is a separate crime; in others, it adds jail time to the sentence for the DUI offense. The fact of refusal may be introduced into evidence as “consciousness of guilt”. Of course, the defense is free to offer other reasons for the refusal.

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What is the punishment for drunk driving?Again, this varies according to the laws of the state and the customs of the local jurisdiction. Generally speaking, a conviction for a first offense may involve a fine, a license suspension or restriction, attendance at a DUI education course for a period of time and probation for perhaps three years.

A short jail sentence may or may not be required; for a second offense, it almost certainly will. Additional punishment may involve community service, ignition interlock devices, AA meetings and/or impounding of the vehicle.

You should know Field sobriety test secrets.
This field sobriety test has proven to be subject to a number of different problems, not the least of which is the non-medically trained officer’s ability to recognize nystagmus and estimate the angle of onset. Because of this and the fact that the test is not accepted by the medical community, it is not admissible as evidence in many states; it continues, however, to be widely used by law enforcement.

The traditional offense is “driving under the influence of alcohol” (DUI), or in some states, “operating while intoxicated” (OWI), or “driving while intoxicated” (DWI). In recent years, however, 49 states have also enacted a second, so-called “per se” offense: driving with an excessive blood-alcohol concentration (either .08% — as in California — or .10%). In those states, BOTH offenses are charged. The defendant can even be convicted of both, but can be punished for only one.

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Analysis of a blood sample is potentially the most accurate. Breath machines are susceptible to a number of problems rendering them often unreliable. The least accurate by far, however, is urinalysis. Thus, if you are confident that you are sober, a blood sample is the wise choice; urine, being least accurate and most easily impeached, is the best option if you believe your blood-alcohol concentration is above the legal limit.

Have you recently been pulled over and cited for a DUI or drunk driving offense?
What is the officer looking for during the initial detention at the DUI Research scene?
The traditional symptoms of intoxication taught at the police academies are:

Flushed face. Red, watery, glassy and bloodshot eyes.
Odor of alcohol on breath. Slurred speech.
Fumbling with wallet trying to get license.
Failure to comprehend the officer’s questions.
Staggering when exiting vehicle.
Instability on feet. Leaning on car for support.
Combative, argumentative or other “inappropriate” attitude.
Soiled, rumpled or disorderly clothing.
Stumbling while walking. Disorientation as to time and place.
DUI Research shows inability to follow directions.
You should know Field sobriety test secrets.
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