Submit your Criminal Law claim details for a free, no obligation case review.
Get Started:
A DUI- or driving under the influence- charge is a criminal offense, whose penalties and particulars vary by state and circumstance. In general, a DUI is considered a misdemeanor or a felony depending on the state and circumstances involved. In most states, there are specific penalties given based on certain convictions. If charged with a DUI it is important to have a good DUI defense. A good DUI defense includes both knowledge about DUIs- how and why they are penalized and what DUI defenses might be relevant- and having a good DUI defense attorney who can help you defend yourself in a DUI case.
A good DUI defense is aided by knowledge regarding DUI laws. First and foremost, DUI laws are different in every state, but there are some laws that are found in almost every state. Most states have per se laws which make operating a vehicle with a blood alcohol level of .08 or above a crime. Many states have administration license suspension laws, where a DUI defendant can lose their license- even before a conviction- for an amount of time established by state law. Most states can require the DUI offender to have ignition interlocks installed in their vehicles. These interlocks make driving the car impossible if it registers the driver''s blood alcohol levels to be at illegal levels. Multiple offenders receive harsher punishments in DUI convictions and may have to give up their vehicles entirely.
DUI defense may be compounded in the following circumstances where DUI sentences are automatically made harsher: a child was in the car at the time, the driver was speeding, the driver''s blood alcohol level was at or above a .20 percent, the driver refused chemical testing (as mandated by implied consent laws), if their were injury or property damages involved in the crime, or if there was a prior offense.
Because of the complexities of any DUI case, there are some potential DUI defense factors which can help out in a DUI case. The prosecution must prove that the defendant was in fact driving the car at the time of intoxication. Another DUI defense can be made if the officer did not have probable cause to stop, detain, and arrest the defendant. If the officer didn''t inform the defendant of Miranda and Implied Consent laws, this may be used in DUI defense. The opinions and observations of the arresting officer may be called into question during a DUI defense. Chemical testing results may also be called into question during the DUI defense because of the potential for inaccuracy in testing (urine analysis tends to be the least reliable; blood tests the most accurate). There are also several other factors that may be of importance to a DUI defense.
DUI laws are complex and complicated, therefore there are lawyers who specialize in DUI defense and can greatly help maximize your interests and options in a DUI case.
A Florida police officer was arrested Oct. 28 on a charge of fleeing the scene of an accident and on DUI charges. According to reports, Officer Christopher John Sutherlin A 22-year-old Fairfax man was sentenced to three years in prison after being found guilty of DUI involuntary manslaughter. Christopher Plaiser crashed his car Nov. 28, 2007 after hav... A woman who was recently charged with a DUI has taken action and filed a lawsuit against city of Gulfport and the police officer who arrested her. The woman claims she was accused of drunk dri... "Fairfax Man Guilty of Involuntary Manslaughter"
"Gulfport, Fla DUI Lawsuit"
Copyright © 2001 - 2012 Online Lawyer Source | Legal Marketing Site Designed by eJustice
ATTORNEY ADVERTISEMENT—Thank you for your visit. The content published on this website was not written by medical professionals and should not, at any point, be mistaken for medical advice. Furthermore, the information on this site is intended for educational purposes only and should never interfere with a patient/site visitor and his or her healthcare provider. In addition, viewing the content on this website, requesting additional information, or transmitting information through a contact form should never be considered the formation of an attorney-client relationship. The material published on this site is general and may not apply to your specific circumstances. Every case comes with its own set of unique circumstances; past success discussed on this site does not guarantee future performance. Information found on this website should not be used as incentive to act without seeking counsel from a professional. For more information, please read our disclaimer.