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DUI laws are some of the toughest laws on the book

ISTOCK IMAGE ID 4294490Breaking one is considered to be one of the most serious driving offenses, considering that accidents involved impaired drivers cause one third of all traffic fatalities.

As a result, DUI laws carry with them serious penalties. The legislative trend has also been more towards making DUI laws even tougher, too. This means that you need to have a good DUI defense lawyer (sometimes colloquially referred to as a “drunk driving lawyer”) on your side.

To help you get a better understanding of DUI laws, here’s a brief explanation of their three different kinds.

Driving Under the Influence

State DUI laws may prohibit driving under the influence of alcoholic beverages, legal and/or illegal drugs, and the combined influences of each — regardless of a person’s blood-alcohol content (BAC). A person is guilty of breaking such a law if they drove the vehicle in question while being under the influence of drink or drugs so much so that their ability to drive safely was affected to a noticeable degree.

Blood-Alcohol Content Upwards of 0.08%

Every state’s DUI laws say that a person with a BAC of 0.08% or higher is presumed to be under alcohol’s influence. In order to prove someone’s guilty of breaking these laws, the prosecutor must prove that an alcoholic concentration of 0.08% was present in the driver’s blood while they were driving. The thing about these laws is that even if a defendant can successfully prove that their driving was unimpaired, they’ll still be found guilty if they had been driving with such a BAC.

Felony DUI

Although most DUIs are typically treated as misdemeanors, prosecutors can charge certain types of DUIs as felonies, which is a serious crime that usually ends in a prison sentence. If the driver kills or injures someone as a result of their having driven under the influence, then they can be found guilty of a felony and go to a state prison for a number of years. Some states’ DUI laws consider a third or fourth DUI to be sufficient enough reason to bump the case up to a felony, regardless of whether or not someone was killed or injured.

As mentioned before, but worth mentioning again, breaking one of these laws is an incredibly serious offense. Any perpetrator will need to have a DUI defense attorney help him or her out. Though these laws are serious, there are available DUI defense strategies. If you have any questions about these three kinds of DUI laws, feel free to ask in the comments.

What’s the Difference Between a DWI and a DUI?

Driving Under the Influence Lawyer in Palm DesertIn every one of the 50 states, it is illegal to drive a car if your blood alcohol content (BAC) is at 0.08% or more. Most instances of drunken driving result in a charge or either a DWI (driving while intoxicated) or a DUI (driving under the influence). However, different states have passed different pieces of legislation that denote exactly what constitutes these charges. Though the terms are often used interchangeably, there are some important distinctions to keep in mind. So, what is the difference between a DWI and a DUI?

Looking at the definitions

You can be under the influence of many things, not just alcohol. DUI charges can often come about as a result of drivers who have taken prescription medications — perfectly legal drugs — as well as illegal narcotics. That means you could have no alcohol in your system but still be charged with a DUI. The other charge, DWI, is typically reserved for drivers who have consumed enough alcohol to be over the legal limit, though it’s at an officer’s discretion to arrest you even if your BAC hasn’t yet reached 0.08%. For either charge, you’re going to need a DWI or DUI defense lawyer to take up your case.

Facing the charges

As we mentioned before, certain states have set rules that other states haven’t when it comes to dealing with impaired driving charges. In New York, for example, it’s possible to get a DWI charge lowered to DUI, which comes with it a lesser fine. In other states, though, zero-tolerance policies have been set up to ensure that a charge of either DWI or DUI is likely going to result in a tremendous fine, if not jail time. Plus, you can’t forget all the legals that pile up on top of all that. And no matter which charge you endure, there will always be legal fees to consider.

Lawyering Up

As soon as you’re arrested and charged with either DWI or DUI, it’s imperative to get in contact with some criminal defense law firms right away. Ask your family friends for recommendations or do some online browsing to find some top practices in your area. Then, talk fees right up front to determine exactly what you’re getting yourself into. How to find a criminal defense attorney requires doing your homework, and that homework always means looking at several different criminal defense law firms. They’re there to help you get your charges reduced, if not dropped altogether.

The best way to beat the rap is to avoid it in the first place. Always designate a member of your party to stay sober and be the driver, or simply call a cab. And check the warnings on your medications before you hop into your car — you know, the ones that say “Do not operate heavy machinery.” When you need to, though, learn everything you can from a legal professional at your local criminal defense law firms.

Three of the Most Successful DUI Defense Strategies

ISTOCK IMAGE ID 6641519DUI laws are some of the toughest to defend against. If you want to get through things unscathed, you’re going to need the help of criminal defense law firms, which have skilled, experienced drunk driving lawyers.

These professionals can use a number of DUI defense strategies to combat the charges. In order to work with your drunk driving lawyer as best as you possibly can, it’s helpful to learn a bit about these various strategies. Here are a few of the most successful ones.

1. The BAC Results.
Part of the field sobriety test involves a breath analyzer. This device is meant to pick up alcohol in deep lung tissue, which is supposed to correlate with your true blood alcohol content, thusly delivering an accurate measurement of your intoxication. However, these devices have been known to pick up alcohol in the mouth or throat, which greatly exaggerates the reading. You may have only had a BAC of 0.05, but the reading came out as 0.15. Your drunk driving lawyer can use this to help beat the charges.

2. Incorrectly Administered Field Sobriety Test.
In addition to equipment malfunctions, there are other parts of the field sobriety test that could have been administered incorrectly. During the heel-toe test, you may have been on an uneven surface, which worked against you. If you were looking into passing traffic during the horizontal gaze nystagmus eye test or were intimidated by the police, your drunk driving lawyer can prove that the field sobriety test shouldn’t be considered a determining factor of intoxication.

3. The Initial Arrest.
First of all, an officer needs probably cause to pull you over. Aside from certain checkpoint situations, cops can’t arbitrarily pull you over. Some of the signs of drunk driving that they look for to pull people over include driving without lights, weaving in and out of traffic, or using excessive speed. If you and your drunk driving lawyer can show that these behaviors were a result from an extenuating circumstance, such as a lack of sleep or the fact that you were responding to an emergency, you can hopefully beat the charges.

No matter what strategy, the most important thing is to hire a drunk driving lawyer. If you have any questions about defense strategies, feel free to ask in the comments.

Changes To Registering As A Sex Offender

Sex Crimes Defense Lawyer in Palm SpringsThe California Penal Code 290.015 now requires registered sex offenders to provide the California Department of Justice all “internet identifiers” within 24 hours of a change, such as E-mail addresses, IP addresses and usernames. This is in addition to the usual requirements of notifying the State when the person moves, changes jobs, registers a new vehicle, etc.

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About John Patrick Dolan

ISTOCK IMAGE ID 20571241Courtroom experience since 1978 as a California Criminal Trial Lawyer, JOHN PATRICK DOLAN has handled everything from traffic tickets to death penalty murder cases. Dolan is a recognized California State Bar Certified Specialist in Criminal Law and a true courtroom veteran.

As an author, JOHN PATRICK DOLAN has written twelve, best-selling books, including his classic Negotiate like the Pros. He is a recognized international authority on negotiation and conflict resolution. And, just to show that he does not take himself too seriously, he is also the co-author of the wildly popular Lawyer’s Joke Book.

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What is a California Certified Criminal Defense Specialist?

California State Bar Certified Criminal Law Specialist

ISTOCK IMAGE 15020806A California Bar Certified Criminal Law Specialist is more than just an attorney who specializes in a criminal defense. An attorney who is certified as a Specialist by the Board of Specialization of the State Bar of California must have taken and passed intensive written examinations specifically in the field of criminal law. He or she must have demonstrated a high level of experience and proficiency in criminal law, fulfilled specific ongoing education requirements, and has been favorably evaluated through peer review by other attorneys and judges.

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DUI Defense

It may surprise you to know that it is not illegal to drink and drive. It is illegal only to drive while impaired by drugs or alcohol, or to drive with blood alcohol content (BAC) that is over the legal limit. If you have been charged with drunk driving or other moving violation related to DUI, your attorney will need to know the difference and how to fight to get the best possible outcome for your charges. A conviction for DUI can have a lasting impact on your record. The Dolan Law Offices, in Indio, California, offers the experience you need. Se habla español Free consultation about your DUI charges We accept all major credit cards and payment plans are available

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Drug Offenses

Drug Offenses Call Dolan Law Offices for a free initial consultation or jail visit at 760-775-3739 or 562-824-4007.

Drug offenses are among the most widely prosecuted crimes in the state of California. At one time, cases involving di minimus amounts were not filed, but in the current climate, no amount is too small. Arrest on a drug charge may subject your property to forfeiture. A conviction on simple drug possession may require you to register with the police as a narcotics offender, adversely affect your drivers license, and subject you to jail or prison. Dolan Law Offices Aggressively Defends Clients Against Drug Charges

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The Desert’s Premier Criminal & DUI Defense Attorney

Courtroom experience since 1978 as a California Certified Criminal Law Specialist, John Patrick Dolan has successfully defended all types of charges, from traffic tickets to murder cases. Known and respected in the Desert’s courtrooms, John Patrick Dolan is the criminal defense attorney you want on your side.