Defending a DUI
Here is the most common situation that leads to a drunk driving arrest. If a police officer observes a motorist driving erratically, chances are they will pull you over and ask you to submit to some sort of sobriety test. They will ask for a driver’s license and registration and then will ask if you have been drinking. If so, they will ask you to step out of the car so they can administer field sobriety tests, such as walking a straight line heel-to-toe, tipping your head back and touching your nose, reciting the alphabet or standing on one leg for 30 seconds. Some of these tests are not easy even if you are completely sober; therefore making it a favorite tool for the officer to use to establish if you are intoxicated. If the officer does not perform these tests, they can give you a breathalyzer or take you to the police station for a blood or urine test. If you have been issued any type of test please contact an attorney right away as there might be mistakes with the equipment or a host of other items that a quality DUI attorney can use to dismiss the case.
The Law Requires
The arresting police officer must immediately forward a copy of the completed suspension notice or revocation form and the driver’s license, with a sworn report to the DMV. The DMV will conduct a review of the officer's report, the suspension or revocation order, and any test results. If this has happened to you, you need to get help right away. You may request a hearing to contest the suspension or revocation within 10 days of receipt, and will be notified by the DMV in writing only if the suspension or revocation is set aside following the review.
A breath, blood or urine test is given to determine if there is a blood alcohol content of 0.08% or more; it is lower for minors. Law enforcement can also arrest an offender for being impaired when their BAC is lower than 0.08%.
If a blood, breath or urine test is refused at the time of arrest and it’s a first offense, the offender’s license will be suspended for one year. A second offense within ten years will result in a suspension of two years, and a third within ten years will result in a three-year suspension. If this is only your first offense you really should seek legal help from a lawyer that specializes in defense of DUI.
If the officer issues an Order of Suspension or temporary license, the offender may drive for 30 days from the date issued providing their driver’s license has not expired, or their driving privileges have not been suspended or revoked for some other reason. If the Order shows they have ten days to request a hearing, this gives them the chance to show the suspension is not justified.
Make No Mistake:
DUI (Driving under the Influence) is a serious offense and if you have been charged with it, you should seek legal help immediately. Also keep in mind there are a lot of attorneys out there that are great attorneys, but they do not specialize in drunk driving defense. Visit our DUI Attorneys page to find a qualified local DUI attorney. A qualified local DUI attorney should be one that concentrates specifically on a drunk driving defense and knows the DUI laws and the offender’s rights.
A DUI attorney can offer information related to all kinds of issues, such as breath testers, alcohol analyzer systems and educational videos. A DUI is one of the most complex offenses and you need to be defended properly. The consequences in a case like this are high. This information will help you to understand what’s involved for the future.
No matter where you live or where you were arrested, you need to be aware that there are also different terms used for this criminal offense. Depending on where you are, this criminal offense (Vehicle Code Section 23152) may be referred to as Driving While Intoxicated (DWI), Driving While Impaired (also DWI), operating a motor vehicle while intoxicated (OWI), and operating a motor vehicle while intoxicated (OMVI).
What Can the Public do?
Anti-drinking campaigns have been created to raise awareness of the dangers of driving while intoxicated and the legal rights involved. Every year many are killed from drunk drivers who get behind the wheel. In some jurisdictions, a person who is convicted of injuring or killing someone while under the influence of alcohol or drugs can be given a lengthy prison sentence.
The nationwide crackdown on DUI continues to go on. The consequences for a person charged with DUI are higher than ever. The safeguards have been streamlined at the expense of the defendant.
Every year thousands of offenders are killed and seriously injured in alcohol-related automobile accidents. The financial costs of these accidents result in billions of dollars. In a true democracy every person has a moral responsibility to respect the life of another person. This should be remembered by those who choose to drink and drive. Hopefully, in the future, each person will remember this before they drink and then get behind a wheel of a vehicle. A person who chooses to stay sober while driving is not only using good judgment, but is not destroying another’s life.