In 2003, the state of New Jersey developed its own device for calculating alcohol content that was rumored to be more efficient than the standard breathalyzer. The Alcohol 7110 is being used in 17 of the states’ 21 counties to measure BAC, pioneered by DWI defense attorney Evan Levow. The device uses infrared absorption technology and cell analysis to measure the amount of ethanol in a breath sample. The instrument will give off a light sensor upon detection of alcohol on a person’s breath or clothes. There must be a total of 128 readings to indicate the presence of alcohol, and this is accomplished by measuring the amount of alveolar air, and how much of it appears to be intoxicating the individual. Upon evaluation, the 7110 prints a copy of the control test to ensure that the breath tests were correct when administered. It also includes the ambient air check, the flow rate of each breath sample, and the breath alcohol result which in order to not be charged with a serious DUI, must be the lowest of 4 readings, two IR and two IC.5 years later however, the negative affects of the 7110 are coming to light, including high breath temperatures that can distort blood alchol content measurements, thus resulting in inaccurate charges, and violation of the accused driver’s rights. Yet the state continues to rely on the 7110 as the breathalyzers become more outdated, and the demand for their spare parts has declined steadily since 2003. In contrast, certification for the Alcohol 7110 devices went into affect that year, and legal disputes were resolved in January 2006.The case has mad its way to the Supreme Court on more than one occasion, and the Supreme Court finally rules that the breath test evidence gathered from the 7110 test is admissable in court. On the other hands, police and other figures of authority are obligated by various safeguards, especially since drunk driving cases in New Jesey are reported to judges instead of juries, and there remains a prominent reliance on breath est results.
Driving under the Influence (DUI) or Driving While Intoxicated (DWI) is one of the most serious driving offenses in the United States of America. Although there are several driving offenses, the charge of DUI/DWI results in serious consequences and is likely to have grave implications on your future. Driving with a blood alcohol level of or above 0.08 % is a crime and your driver’s license can be revoked or suspended if you are found guilty. It can also make life costly and difficult through increased insurance costs and hefty fines.The United States takes the DUI/DWI offense very seriously. Drink Driving in states like California are set forth by a statute and California DUI Law can be incredibly complex. The consequences vary with different circumstances and in different states. But the basic punishment under the DUI law tends to remain almost the same.Besides the above mentioned, there are other circumstances that will make your punishment even harsher – if you are speeding while driving under the influence, if you have a child in the car, refusing to comply with the tests when asked, damage, injury, accident and loss of life. The greater the alcohol content, the greater the penalty under the DUI Law. If you are under age and have prior convictions for the same offense can also lead to immense problems.If you are a first-time offender, you may end up with a fine, possible jail time or community service with a suspension of your license under the DUI Law. You may be asked to attend, compulsorily an alcohol education program to avoid further such occurrences. In the event that you are a repeat offender, hefty fines and jail time is ensured. Your participation in the alcohol abuse program will also be longer and mandatory; moreover your license will be suspended or revoked and vehicle impounded.To determine whether you are under the influence of alcohol, law enforcement officers conduct various field tests, like the Horizontal Gaze, Walk and Turn, One Leg Stand tests which are a part of the standardize procedures under the DUI Law. These tests help to verify the driver’s ability to follow instructions as well as demonstrate balance and coordination. Additionally, they also conduct a chemical test or the Breath Analyzer test which records the alcohol level in your blood stream. If reading shows you to be over the required limit, then you are presumed to be driving under the influence and will be charged with drunk driving. You will then have to appear in court to defend the charges.Once charged with the DUI/DWI offense, under the DUI Law, there inevitably will follow a long drawn out process of legal involvement. The first step is the Preliminary Hearing at the district justice level. It will allow the judge to decide whether there is enough evidence against you. The next step is your arraignment that helps you to know what you are being charged with and whether you understand those charges. You will also be required here to enter a plea of guilty or not guilty. First time offenders may get away with a fine, community service and alcohol awareness programs.If you are deemed ineligible for the above programs or believe that you are not guilty, you can request for a trial by jury. In such a case, ensure that you have a good lawyer, as there is much legality that you may be completely unaware of. At the end of the case, the jury will find you guilty or innocent and will have to prepare yourself for sentencing.There are many lawyers and attorneys in the United States, but there are only a few that are well experienced in DUI or DWI law cases. Ensure that you choose a good and experienced lawyer for your defense. These lawyers know every aspect of defense to get an acquittal or at best a reduced sentence. The attorney needs to be well informed of the different tactics that can be used to make a client’s case have a good outcome. Good and honest communication is necessary between the lawyer and the client to ensure a comprehensive knowledge of the events that have occurred. He needs to go over each item that can be used in their client’s defense. When the police stop drivers, the drivers automatically feel guilty if they have had just one drink. Sometimes they are dealt with unfairly and this is what a good lawyer will pick up on. The defense that the lawyer will use relate to matters such as:
Whether your constitutional rights have been breached
Whether the officer concerned followed the correct procedures
Whether you were read your rights when the officer made the DUI/DWI arrest
Whether the blood and alcohol level tests were properly carried out
Whether the equipment used to monitor blood alcohol levels was
maintained and in good working order
The charge for drunk driving is an extremely serious offense. The consequences not only affect you for that moment but the charges will remain on your record permanently. It is thus important that you choose your lawyer wisely to fight your DUI/DWI case as it can affect your entire life and lifestyle forever. Many cases of DUI/DWI get dismissed by experienced DWI lawyers on simple technicalities. An experienced legal expert in this field of DUI Law 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 dismissal of charges.
Once you’ve been charged with a DUI, it’s important to look for a good DUI attorney to help you deal with the court proceedings and fight the charge. While DUI attorneys can be found easily, it’s important that you shop around for a DUI attorney that meets your needs.Starting Your Search for a DUI Attorney. The first thing you need to do is develop a list of possible candidates for your DUI attorney. There can be many places where you get DUI attorney names. For example, newspapers, internet ads, and the telephone book can all be good resources for creating a list in your search for a DUI attorney in your area. You can also check with your state’s Bar Association to get a list of names of DUI attorneys who specialize in DUI law.It’s also great to get references for a DUI attorney from people you know. While it may be embarrassing to discuss your predicament with others, you’re more likely to get a good referral for a DUI attorney from someone who’s had a good experience in the past.Finally, if you’ve ever worked with any kind of attorney for other legal situations, you may want to get some possible names for a DUI attorney from him or her. Regardless of where you get your names, it’s important to consult with more than one DUI attorney to decide who to hire.Consulting With a DUI Attorney Candidate. Before you hire someone to be your DUI attorney, take time to meet with a few different people to discuss your case. You should ask about how many DUI cases he or she has handled, the cost of the DUI attorney fees and other fees, and if he or she is board certified in DUI law.It’s important that you feel like you have a good report with the DUI attorney that you choose because you’ll be working together a lot. At the same time it’s also important to hire a DUI attorney that can get the job done right.Beware of DUI attorneys who offer rock bottom prices or make promises about the outcome of your case. No one can predict how your DUI case will turn out – and it’s irresponsible of a DUI attorney to say anything otherwise.Hiring a DUI Attorney. Once you’ve decided which DUI attorney you’d like to represent you, you’ll probably need to sign a contract. Make sure you read it carefully before you sign. It will outline the DUI attorney fees, but make sure that it includes everything and ask as many questions as you need to.
Would you trust a police officer to take an accurate measure of your pulse or blood pressure? If you are feeling ill, would you make an appointment with a police officer for a diagnosis? Of course you wouldn’t consult a police officer for a medical evaluation.Yet, police officers in New Jersey and Pennsylvania are acting as medical professionals during DUI investigations when drug use is suspected. More troublesome is that the opinions of these officers are being considered by courts to convict drivers.Specifically, these police officers have been calling themselves Drug Recognition Experts or DREs. DREs believe that by using a 12-step evaluation process it can be determined if a driver is under of the influence of drugs in one or more of 7 drug categories.During the 12-step evaluation process, the officer must perform the following physical evaluations:-Check blood pressure;-Check pulse;-Measure size of the pupils;-Check muscle tone;-Check body temperature; and-Check pupil reaction to various lighting conditions.Based on the physical conditions noted and performance of field sobriety tests, the DRE will state if a driver is under the influence of a narcotic analgesic, CNS stimulant, CNS depressant, dissociative anesthetic, hallucinogen, inhalant, cannabis or combination of drugs.To become a DRE, a police officer does not receive formal medical training to perform the various evaluations mentioned above. In fact, it is fellow police instructors who “teach” the DREs how to measure blood pressure, pulse, muscle tone and pupil size. These instructors are not required themselves to have formal medical training. Moreover, the officer is not required to have taken any academic courses concerning the recognition and effects of drugs on the body (that is pharmacology).Is the description of this evaluation process starting to seem bizarre to you? Well, it should seem strange, because improperly trained police officers are making medical determinations that are being used in court to convict drivers.To effectively fight this junk science, proper legal challenges must be asserted to prohibit the DRE evaluation from being used as evidence of DUI. Furthermore, challenges must be made concerning the qualifications of the DRE and concerning errors made during the evaluation process. Otherwise, an innocent driver may lose his or her license and may be spending some time in jail.
No matter whether you have been caught driving drunk or you are being charged with the offense, you should not disregard it as something insignificant. Depending on the laws at the time of your citation and the adjustments that can happen, you could wind up facing serious consequences. Stronger consequences and laws are now being enforced by the states every year and you probably will end up paying a sizable fine or even be taken into custody. Furthermore, your license may be suspended and you could end up with a criminal conviction if anyone was injured during your incident. All of these can seriously affect your opportunities for employment in addition to your future plans. Having a experienced DUI attorney makes all the difference to ensuring your case proceed smooth helping you come out in the best possible situation.If you have been pulled over for DUI and are looking for a good DUI attorney, you can always check online to review a number of attorneys backgrounds, qualifications, experiences, previous case histories and more. A San Diego DUI attorney advised to choose one according to their experience and recent cases as this will ensure they are up-to-date with the latest DUI laws. If they are members of the NCDD then it is all the better.A Lawyer dedicated to focusing primarily on DUI cases in your county will definitely be much more qualified to handle this type of incident over an inexperienced attorney who has not successfully managed such cases previously. Experienced DUI lawyers may be able to have your charges reduced, protect your license and sometimes can have them dismissed completely. This is not to say they advocate the practice of driving under the influence, rather you will often be required to attend alcohol counseling.A DUI attorney will be suited to handle the case and also will assist you if you are facing a substance abuse problem. A local San Diego DUI lawyer confirmed that your honesty with your lawyer will remain sacrosanct as it is a point of client confidentiality. If your case is criminal or homicidal recklessness then your attorney will be able to advise you on the repercussions of those charges on your life in terms of employment, future goals and more. If you are guilty of a serious drinking problem you will often be required to attend a mandatory alcoholic program or enroll into rehab. If there is personal injury involved, the attorney can be entitled to charge a bulky fee which is due to the more complicated proceedings involved.You should always discuss the rates and payment details ahead of time with your attorney. If you need to give a substantial deposit, you need to discuss why and be able to pay. If you are certain of having found an experienced attorney it will likely be worth it as an effective lawyer may very well be able to get you off the hook. However, it will ultimately be your decision to make the effort to change your habits and stay off the wrong side of the law.
Initial Procedures. If you are arrested for DUI (or drunk driving) in California, you should have been given a choice of a chemical test of your breath or blood. If you take a breath test and the results are .08% blood-alcohol or higher, your driver’s license will be taken by the officer and you will be given a Notice of Suspension. This pink document operates both to formally advise you of the immediate suspension and as a temporary permit to drive (unrestricted) for thirty days. If you give a blood rather than breath sample in a California DUI case, the results will probably not be available for a few days; the suspension begins but will be conditional upon later results being over .08%. If you should refuse to take a chemical test, your license will still be confiscated but the period of suspension will be substantially longer.Out-of-State Drivers. If you are an out-of-state driver, the police in California cannot confiscate your license, as it is the property of another state government. You will receive the same Notice of Suspension, but this serves only to suspend your driving privilege within the state of California; your license remains valid outside of the state. You should be aware, however, that your state’s motor vehicle department will probably suspend your license upon being notified by the California DMV of the DUI license suspension.Administrative Penalties. A first drunk driving offense carries a suspension of 4 months. You should be aware, however, that this can be reduced to 1 month followed by work-restriction of 5 months if you file proof of insurance (the SR-22 form) and proof of enrollment in a state-approved DUI school. If you refused to take a chemical test, the suspension is for 1 year – and no work restriction is permitted. If this is a second offense within 10 years, the suspension is for one year, two if for a refusal – and again, no work restriction will be granted.Challenging the Suspension. You have a right to contest the suspension (called an Administrative License Suspension, or ALS). This is completely separate and apart from the criminal proceedings. It is strongly recommended that an ALS hearing be requested: There is a good chance of having the suspension thrown out. In any event, the worst thing that can happen is that you will receive the same suspension as if you had not requested a hearing
It is never easy to stay composed in the face of such obstacles. It is important to remember that you have the right to aggressively defend your best interest. Regardless of whether you are partially at fault in any crime, you have a right to pursue your best interest and seek a beneficial outcome.Know Your RightsWhen you are arrested, you have the right to be treated according to pre-determined legal procedures. Oftentimes in the case of a traffic violation, the confusion surrounding the arrest or charge means that these procedures are not followed in every case. Especially in a city like Los Angeles where there is constant confusion on the roadways, it is possible your rights may be violated. If you feel your rights have indeed been ignored, you should seek the advice of a Los Angeles DUI attorney immediately to begin evaluating the circumstances surrounding the arrest. You have the right to an attorney; your DUI lawyer will act as your partner and advocate throughout your legal battle.Seek a Criminal Defense Attorney
Criminal defense lawyers specialize in aggressively seeking the best possible resolution for an individual accused of a crime. Often, a Los Angeles criminal defense attorney will have extensive knowledge of traffic litigation due to the unique circumstances present in Los Angeles. The southern California area, which encompasses Orange County and San Bernardina County, has the second highest commute time in the nation and eight times the national average of car accidents. Criminal defense attorneys in Los Angele’s are intimately familiar with the laws that govern traffic in the area including DUI legislation. Furthermore, a Los Angeles criminal defense lawyer will be highly familiar with the prosecutors and judges who try criminal cases in the Los Angeles area, giving you a distinct advantage.Find an Attorney with Experience in DUI CasesAny criminal defense attorney in Los Angeles should have some knowledge of traffic and DUI legislation. It is advisable, though, to seek a DUI attorney in particular. A DUI attorney will have knowledge of previous DUI cases and will likely have tried many such cases in the past. You should be able to locate records of these cases without too much difficulty. For example, The Law Offices of Rodney Nosratabadi have an excellent blog that highlights current cases being heard and opinions or advice on the circumstances. You may find that by looking at these cases that you are not alone in your desire to resolve a DUI case without facing extensive penalties. Many other people have worn your shoes, and your DUI attorney will be sympathetic to your cause moving forward.
Every day there are drivers that are pulled over by the police and arrested for driving under the influence and this is one of the most commonly committed crimes in Los Angeles. It is also a crime that is committed by non-criminals. It is one that is a crime that is often committed by some of the most respectable members of the community and drivers who have never been in any type of trouble with the law in Santa Rosa.It is also a crime that affects the drivers’ ability to drive in some cases and considering this it may seem only fair that this person be arrested. Then there is the other side of this story, the person who dines at a restaurant with their family and has a mixed drink while waiting for the table, a couple glasses of wine with dinner and an after dinner cognac. Will put this person who is out with his family over the legal limit to drive and this is not termed as drinking by most people but rather social drinking. For many people drinking wine with their evening meal is done every day and is not out of the ordinary at all in Santa Rosa or any other place.The facts still remain one of the most commonly committed crimes is driving under the influence and this does not make it any difference that the person is normally a law abiding citizen.The wisest thing that this driver can now do since they have been arrested for driving under the influence is to retain an experienced DUI/DWI attorney, one who has a proven record and that understands all the laws pertaining to a DUI charge and is aggressive enough to know the procedures when it comes to DMV and the hearing that will take place their for this person’s driving privileges.Without retaining an attorney who understands these laws and can walk into the court hearing confident this driver who has never been in trouble with the law before may find that their life will change dramatically. In court they could be fined, they could be put on probation and ordered to attend classes for drinking and driving. Then there could be the loss of a driver’s license when there is the hearing at the DMV, this alone will mean depending on someone else for transportation. Don’t get caught unrepresented in one of the most commonly committed crimes in Los Angeles.
What Is Kentucky’s DUI Law? What Does It Mean?DWI/DUI is an abbreviation of driving while under the influence of intoxicants (alcohol) or of any substance or substances which impair driving ability. Other substances can include illegal drugs, prescription drugs, inhalants such as glue, gasoline, spray paint etc., and/or over the counter medications. Kentucky’s DUI law has an “Illegal Per Se” provision. “Illegal Per Se” (On the face of or by itself) means it is illegal to drive with a blood or breath alcohol content of 0.08 or higher.Highlights of Kentucky’s DUI LawHere are highlights from Kentucky law on driving under the influence (KRS Chapter 189A). Legal terms associated with drunk driving in Kentucky.’Per Se’ BAC Level: .08Zero Tolerance BAC Level: .02Enhanced Penalty BAC Level: .18Implied Consent Law: YesLicense Suspension 1st Offense: 30 daysLicense Suspension 2nd Offense: 1 yearLicense Suspension 3rd Offense: 2 yearsMandatory Jail Time after 2nd offense: YesMandatory Alcohol Education: YesMandatory Assessment/Treatment: YesPossible Ignition Interlock: YesPossible Vehicle Confiscation: YesHardship License while license suspended: NoOpen Container Law: For driver and passengerThese are highlights of the main provisions of Kentucky law pertaining to drunk driving. Other factors can increase the penalties for drunk driving, such as if an injury or death occurred, or if a child was endangered.Source: KRS Chapter 189AAnother Important Fact to Know: 90% of DUI arrests occur between 10PM and 3AM.How Can I Clear My DUI Record?You may have some options available to clear your record. Your first option after a DUI conviction is to seek a new trial from the court. If there was an error in the admission of evidence at your trial or some other procedural problems, your attorney can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again, this time before a new jury. If you’re found not guilty after your second trial, then your record will be cleared and the legal effect would be as if you never were convicted. If the judge refuses to grant you a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is an error of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument-you will not be required to appear or participate in the appeal. If your appeal is successful, your conviction will be reversed, and your record will be cleared.The Truth about Lawyers – Even though lawyers are the brunt of a lot of jokes out there, they really are in the legal industry to help you. You could hire one of the most expensive lawyers out there to represent you for your DUI case, and you will still pay less money to him than you would to the court system. If you had the option to pay a certain amount of money to the court, have your license taken away, have to go to jail and spend a weekend at a conference where they describe to you how bad drinking and driving is… OR, pay a lawyer a smaller amount of money, have a good chance of keeping your license, have a better chance of having the DUI dropped and to stay out of jail, wouldn’t that be better?
Types of DUI: There have been many attempts to find advance indicators of who will drive when impaired by alcohol. The most well-established predictor is prior driving under the influence (DUI) arrests. Also, people who injure others or who have been injured after drinking will have more DUI convictions (Buntain-Ricklefs et al., 1995). Those with more total moving violations and more prior convictions of all kinds have more repeat DUI offenses (Peck et al., 1994). Those who refuse blood alcohol concentration (BAC) tests or have higher BAC test results also have more DUI offenses (Marowitz, 1998). The alcohol ignition interlock is a device installed on the cars of some DUI offenders that requires a low-alcohol or alcohol-free breath sample before the ignition unlocks and allows an engine to be started. Studies in the United States and Canada have shown that the interlock reduces DUI (Beck et al., 1999; Coben and Larkin, 1999; Marques et al., 2001a; Voas et al., 1999). The interlock has also been reported to be a good predictor of DUI risk (Marques et al., 2001b). The BAC lock point for the interlock is stipulated in state or provincial law. Typical lock points range between .02% and .04%.The U.S. national guidelines (National Highway Traffic Safety Administration [NHTSA], 1992) recommend .025%; Alberta Canada uses .04%. The interlock’s recorder logs the time and result of all breath tests. The early months of interlock BAC tests predict repeat DUI offenses years later, after the interlock has been removed (Marques et al., 1999, 2001 b). A variety of DUI predictors have been studied, but, unless these are available to court or licensing authorities, they have little practical value. For example, information about drinking patterns has been shown to be predictive of DUI risk, but motor vehicle or court authorities tasked with imposing sanctions do not usually have access to this type of information. For new knowledge to usefully inform policy and lead to lower public risk exposure, it should be accessible to those who decide whether to reinstate driver’s license privileges or continue with sanctions that restrict those privileges. Personal history, adverse drinking consequences, family history of drinking, places of drinking and types of preferred beverages help researchers understand the characteristics of repeat DUI offenders but cannot sharpen sentencing decisions if this information is not in a driver’s file. Unlike some of our earlier work, all data reported here are available to sanctioning authorities in jurisdictions where the alcohol ignition interlock is in use. Alcohol is a factor in 43% of all crash costs (Miller et al., 2002), but alcohol-impaired drivers are hard to detect. Accordingly, a DUI arrest is a low-likelihood outcome relative to the prevalence of drunken driving.The Penalties of DUI Accidents: Driving under the influence can mean driving under the influence of drugs, alcohol, or both types of substances. No matter what type of substance is used in an offense, driving under the influence can cause serious injuries and property damage. In most states, DUI (or DWI as it is called in some states) is a misdemeanor charge. But, this can change if aggravating factors are present or if you’ve had multiple convictions within a specific time period. Aggravating factors can include injuries or property damage caused by DUI accidents, having a child in the vehicle while the offense is being committed, or having a blood alcohol level that is considered extremely high. Being knowledgeable about the consequences of DUI accidents can help you to better understand DUI law and perhaps help you avoid serious criminal charges.How to choose a DUI Attorney?Before you hire a DUI lawyer, or any other type of lawyer, meet with him or her first. Most lawyers will not charge you to meet with them while you’re looking for someone to handle your case. Having a face to face meeting with your lawyer before hiring him or her is good for both the client and the attorney. You’ll want to hire someone you feel comfortable working with. A face to face meeting helps you determine whether or not you feel comfortable. It also helps the lawyer decide if he or she feels comfortable working with you and wants to take on your case. Before going to any consultations with lawyers (and you should consult with at least two lawyers before making a decision) do some research. The yellow pages is a good place to look for a lawyer but remember that the DUI lawyer with the biggest ad is not necessarily the best lawyer for you to hire. He or she is just the person with the biggest ad. You want a lawyer with DUI expertise and experience. The library is another good place to do research. Your local library should have a copy of the Martindale Hubbell law directory. The directory does its best to list every lawyer in the United States along with his or her area(s) of speciality. You can search the directory by either location or area of law each lawyer deals with. The directory is also available online. People you know can also be a good source of information regarding a good lawyer. Create a list of questions you want to ask each lawyer during the consultation so you can compare each lawyer equally before deciding who you would like to hire to represent you. A few questions you may want to have on the list you make are:1) What percent of the cases you handle are DUI or impaired driver? (Remember that you want someone who is very familiar with the current laws in your state.)2) What do you charge and what is your fee structure? (You’ll want to know the most you’ll have to pay as well as how much you have to pay upfront. Many DUI lawyers charge a flat fee, which is a set amount for your case whether or not it goes to trial. Some lawyers charge an hourly fee. Others have staggered fee structures that break things into phases. They may charge a flat fee up until trial. If the case goes to trial then there’s another fee to pay. If the entire fee is required upfront but you are financially unable to pay it all upfront ask if a payment arrangement can be worked out. It can’t hurt to ask. The worst answer you can get is “no.”)3) What costs besides attorney fees will I be responsible for? (In addition to lawyer fees you may be responsible for things like court costs and filing fees).4) Will you be the lawyer handling my case or will someone else in the firm be the primary lawyer on my case? (This question is especially important if you are consulting at a firm with several lawyers. Some people have been very frustrated when they found out the lawyer they consulted with wasn’t the lawyer who handled the majority of their case.)These are just a few of the questions you’ll likely want to ask before deciding which DUI lawyer you want to hire.