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DUI LAWS
Recent laws and recent Supreme Court decisions have consistently increased the penalties for "drunk driving." Being stopped for driving under the influence, no longer consists of a slap on the hand and being driven home. Today, the penalties for a DUI may even be worse than for some felony convictions.
DUI laws have become extremely complex and confusing. Facing Criminal Prosecutions for DUI charges and facing DMV Hearings without the protection of an experienced DUI Attorney is extremely dangerous and you could face serious, life-long consequences of going it alone against the Government.
DUI charges normally start with a person being pulled over for weaving, driving erratically, or driver is stopped at a "DUI/sobriety checkpoint".
After being stopped, the officer immediately begins to interrogate the driver without any Miranda advisement of rights and without any right to consult with an attorney. Unless you are actually under arrest, the police don't have to advise you that you have a right to remain silent. Making statements are VOLUNTARY. These statements will be used against you in Court.
You will probably be asked to take a series of "field sobriety tests" under physically demanding and emotionally difficult conditions. It is nearly impossible for most people to pass these tests. The office, most likely, will never tell you that these tests are VOLUNTARY; you do not have to take them. The tests will be used to prosecute and to convict you of a DUI.
The officer may ask you, at the scene, to take a breath test using a preliminary, portable, and hand-held device (preliminary breath test-"PBT"). The officer almost always fails to advise the suspect that he is not required to submit to this test. They are VOLUNTARY. These tests will also be used to prosecute and to convict you of a DUI.
If you are actually arrested for DUI or DWAI, you must take a breath or blood test - without any right to speak to a lawyer. If you ask for an attorney before taking a Breath of blood test; the officer will claim you refused the test. If you refuse to take a chemical test, your license will be revoked for 1 year, with no right to drive during that year. If the breath or blood test results .08% or higher or if you refused, the police will confiscate your license and serve you with a NOTICE OF REVOCATION.
If you receive a NOTICE OF REVOCATION, you must ask for a hearing within 7 days, otherwise your license will be revoked automatically and you may have permanently waived your rights to a DMV hearing.
There are at least 2 different battles that you may have to fight.
First, you must deal with the Department of Revenue (DMV is part of the Department of Revenue). This is an Administrative Hearing, this is not Court. It is here where a ruling will be made on your privilege to drive.
Second, you must deal with the Court on the criminal charges filed against you. The charges may include DUI, DUI per se, DUID (driving under the influence of drugs-prescription or illegal), or DWAI; and may include additional charges or a combination of some or all of them.
Don’t give the police any evidence or information that they will use to prosecute and to convict you.
REMEMBER:
• REMAIN SILENT.
• PBTs are voluntary.
• ROADSIDE TESTS are voluntary.
Mistakes DUI Defendants Make and How to Avoid Making Those Mistakes.
Take Your Case Seriously.
This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.
Don't Miss Court.
The Judge will issue a warrant for your arrest and revoke any bond. You will go to jail and need to post another bond to get out.
Hire a Lawyer.
DUI law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A case you might have won at trial, can quickly become a loser.
Don't Hire The Cheapest Lawyer.
The Government can spend lots of money on your case. Hire a lawyer, and pay a fee which will allow him or her to put time and effort into your case to fight the other side. You need pay a reasonable fee, not just the lowest.
Request A DMV Hearing Within 7 Days of Being Served with a Notice of Revocation.
If received a Notice of Revocation from the Police, you should ask for a hearing at the Division of Motor Vehicles. If you don't ask for a hearing, in most cases, you may permanently waive your right to hearing.
Don't Drive If Your License Has Been Taken Away.
It's illegal, and you may go to jail if you're convicted. You may also lose your license for an additional period of time.
Follow Your Lawyer's Advice.
If your lawyer suggests that you should become involved with alcohol treatment or to do community service, make sure you follow her advice. This may make a big difference in the outcome of your case.
Your attorney may also recommend that you take other action such as to dress appropriately for court or to appear in court at a certain date and time. Your lawyer might ask you to become proactive in your defense by assisting in trying to locate witnesses that may have seen your behavior immediately before the arrest.
Ask Your Lawyer Questions
If you don't understand what your lawyer is telling you, then ALWAYS ask your lawyer for additional information or for an additional explanation. Otherwise, your lawyer will assume you've understood. Asking questions will also help your lawyer better tailor the information she is providing so that it better suits your needs. Since misunderstandings are usually a result of a lack of understanding or a failure to communicate all together, asking questions will help to avoid any misunderstandings that might arise.
Don't Talk to Anyone but an Attorney about Your Case
Anything you say to them can be used against you. Honest. Haven't you ever watched TV?
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