Importance of DUI Lawyers
DUI lawyers help people who have been charged with driving while under the influence of alcohol. Police officers are on the look out for any driver who might have had too much to drink. Further, there are many communities that encourage drivers to call the police and report drunk drivers they see on the road. The driver who crosses the white line on the road, or fails to put his lights on at night, or does not respond quickly to a red or green light, will be presumed to be driving under the influence by law enforcement.
The truth about alcohol is that is reduces a person’s judgment. The person who is under the influence of alcohol actually thinks that he can drive safely. But the reality is that any amount of alcohol impairs a drivers reaction time and can lead to dangerous driving conditions. It is best to decide before drinking how one will get home.
People, before drinking, should arrange to have a designated driver, arrange alternate transportation home, or arrange to stay at the place they are drinking until they are sober. For those however, who have been charged with driving while intoxicated, the terrible ordeal has just begun. A conviction of drunk driving will result in a suspended driver’s license, increased insurance premium, and a heavy fine.
Those who are facing conviction should hire an attorney. The lawyer will explain the process the defendant is facing. The attorney will examine the evidence and determine the chances of winning a jury trial. Of course, it is the defendant’s choice as to go ask for a jury trial, but the lawyer can help his client make the decision by offering his opinion based on the facts of the case.
A person could fail the field sobriety test, and still be adjudged not guilty. The person who blows into the alcohol measuring device could register an alcohol level over the legal limit and be found not guilty of the offense. There are many defenses to the charge that a DUI attorney can raise to help his client avoid conviction.
The field sobriety test can be challenged. For instance, the defendant might have failed the test not because he was under the influence but because he was tired and the test was given late at night when he is usually in bed asleep. Most tests are done out in an open road late at night. The surface where the test is given could have holes, uneven surfaces, and there could be many distractions such as automobile traffic nearby which can cause the person to fail the test. The test results therefore, might be thrown out of evidence.
If the defendant was determined to be intoxicated based on a reading of a portable alcohol measuring device, the read might not be allowed in evidence. If the device had not been calibrated, the reading could be faulty. The attorney will also look into the circumstances that led to his client’s arrest.
If the police were alerted by a third party that his client was driving drunk, the charge might have to be dropped. The officer has to observe a person driving while intoxicated. The police cannot simply rely on a member of the public reporting a driver driving drunk. These are only some of the defenses DUI lawyers can raise on behalf of their clients.
There are many mistakes that a person can make after being hurt in a car accident that can greatly affect the value of their injury claim. These mistakes can be made by someone who has a lawyer, or someone who does not .
- Not going to the doctor right away
It is important to report your injuries to your doctor early on . If you do not seek medical treatment quickly after the accident, an argument can be made that you were not that hurt.
- Not going to their doctor regularly
Your claim can be severely compromised by failing to attend for regular treatment, as it will be argued against you that your injuries were not that severe . An ICBC claims lawyer will advise you of the importance of seeking regular medical treatment.
- Signing documentation without having it reviewed by a lawyer
Many unrepresented claimants sign statements about how the accident occurred, which can be detrimental to their claim if an error, omission, or vague statement is contained therein. It is also not advisable to sign a subrogation agreement with your employer or benefits carrier without a lawyer seeing it first .
- Not being aware that they actually have a claim
Believe it or not, several people may feel that they are not actually entitled to make a claim , such as if their infant has been injured, if they have been struck by an uninsured driver, if they are the victim of a hit and run accident, or if the accident occurred quite some time ago.
- Not knowing the proper time limits and limitation periods with respect to their claim
Many people with valid claims, and who choose to represent themselves, generally miss vital time limits and limitation periods . Consequently, they may lose the right to make a claim. An ICBC injury lawyer can help you meet all time deadlines applicable to your case.
- Not being aware of all forms of damages that can actually be claimed
A great deal of people believe that you can just claim for pain and suffering, and wage loss . In fact, there are many other forms of damages that you can claim for, such as loss of housekeeping, loss of opportunity, and cost of future care. Many people often get shortchanged by not knowing all the types of compensation available to them.
- Not being aware of their legal obligations
Many injured claimants are not aware they are required by law to take an active role in their rehabilitation process . A finding of failure to mitigate can lead to a reduction in the value of your injury claim. A personal injury lawyer vancouver can make you well aware of your legal obligations.
- Not keeping track of out of pocket expenses
Quite often, the insurance company will require original receipts to prove the extent of your expenditures. A claim will be lowered in value for not keeping original receipts .
- Settling their matter when they are still injured
Believe it or not, many injured claimants conclude their matters even when they are still injured . This can result in injured people being denied fair value for their injury claim , as once you sign a Release, you are not entitled to any more compensation for your injuries.
The Benefits of Hiring a DUI Lawyer
Getting caught driving under the influence (DUI) is one of the most serious charges an individual can face. If you’ve been charged with a DUI, it may seem difficult to escape what is known as costly, lengthy, and potentially disastrous jail time as well as a lifelong conviction record. Thats why it’s important to hire an experienced DUI lawyer who can provide you with skilled legal representation and help you acquire an agreeable plea bargain or command the court to dismiss or reduce your charges.
Having a lawyer in your court can be a tremendous advantage to both your case and your peace of mind. When your right are infringed upon, a lawyer can be more than just a legal advisor, but an advocate, documenting all processes to ensure that you are fully informed and represented. For instance, they will evaluate evidence and make sure that any warrants for your arrest were obtained and executed with the proper process. Additionally, they’ll ensure that any searches conducted were within proper legal boundaries and work to obtain a plea bargain that limits the potential consequences of your charges.
Every state and jurisdiction has their own set of DUI laws which are constantly changing. Unless youre a lawyer, most of these laws are difficult to decipher and complex. Even after you understand the law, trying to accurately represent yourself can be incredibly difficult as it requires an understanding of criminal procedures and processes. A qualified DUI lawyer understands all of the relevant laws, changes, and peculiarities of your states DUI legal system. As such, they are better equipped to deal with those nuances and forge a better outcome.
Your DUI lawyer is also an expert in negotiation. When appropriate, they will work to structure a plea bargain that reduces the prison sentence or substitute probation or jail for other sentences for your DUI. Moreover, they can assist in mitigating the other consequences that come with a DUI charge, such as points on your drivers license, fines, counseling, or community service.
Having an experienced DUI lawyer in your corner is important in defending your rights. They should be familiar with law enforcement personnel and the prosecution in order to generate the most reasonable agreement beneficial to your case. Your lawyer should never make promises or guarantee an outcome, but they should inform you of the potential outcomes of your case and what they can do to help limit them.
To help avoid being arrested and charged with a DUI in the first place, never drive when youre feeling tired, never drink and drive, and always remember to never drive if youve taken prescription meds. Additionally, purchase a drunk driving arrest insurance policy to ensure the best protection if youre pulled over.
Having a qualified DUI attorney in your corner can be the difference between jail time and reduced or dismissed charges. A lawyer offers a great deal of protection, counsellors you, and will represent your legal interests in a court of law.
The Different Kinds of Implied Consent
Implied consent laws exist in all states in the United States and state that by simply driving on public roads, a person is assumed to have consented to being tested for alcohol or other drugs if stopped or arrested by law enforcement. While this sounds straightforward in theory, the specific laws vary from state to state and its important to know how implied consent affects you in your area.
Implied consent law requires a driver to submit at least to a chemical test to determine the alcohol level of their blood. Failure to comply is a crime that can lead to court-ordered punishments like license suspensions or even arrests. Refusal with also cause a DUI case to be harder to defend and harsher sentences may become in effect if the driver is found guilty of driving under the influence.
Many states now contain implied consent statutes, yet they do not mandate an individual to submit to field sobriety tests. Thus, police officers cannot threaten drivers with additional criminal charges beyond the DUI if they refuse to partake in such tests.
There are two kinds of implied consent that are commonly implemented in DUI cases. The first is actual implied consent, which involves the driver allowing a chemical analysis, usually a breathalyzer test, of their system. The second is constructive implied consent, which involves a refusal to agree to a blood alcohol content (BAC) test.
In some states, implied consent laws have accompanying implied refusal guidelines that automatically trigger an individuals license suspension when they refuse to comply with an officers request for a chemical test. On the other hand, certain states offer individuals the right to refuse a BAC test by invoking their personal constitutional rights before they are actually asked to take the test.
The use of implied consent is each states recognition of the inherent dangers of drunk driving and the need for drivers to be aware of the potential consequences. For this reason, its important to know what your rights are in any particular state. A legal advisor or DUI lawyer should be consulted to find out if services for applications for licensure reinstatement are available in your state.
Ultimately, DUI arrests are serious offenses that have to be taken seriously. With the many risks involved, implied consent laws are just one way of offering drivers awareness of the potential hazards so that they can make responsible decisions when taking the wheel.
The Legal Consequences of a DUI
Having a DUI can lead to serious legal consequences. Depending on the laws of your state, a DUI can result in anything from a few hundred dollars worth of fines to even jail time. In addition to financial or jail penalties, those convicted of DUIs may also incur other penalties such as license suspensions ,SR-22 requirements, and even reputational or social consequences.
Most states classify driving under the influence as a traffic offense and sometimes it may even be considered a misdemeanor or felony depending on the circumstances and severity of your charges. A DUI conviction can lead to criminal penalties such as jail time, fines, probation, community service and, in more severe cases, drivers license suspension or revocation. The sentence for a lesser misdemeanor DUI can be up to a year in jail, thousands of dollars in fines, and license suspension for up to six months.
In some states, people found guilty of DUIs may lose their car registration, forfeiture, or a requirement to park a modified car with an overly large number plate. Having a DUI on your record also increases auto insurance rates substantially and can even make it difficult to apply for jobs that require driving.
Your lawyer or court may also demand that you attend alcohol classes and an evaluation at a center related to drug and alcohol abuse in order to assess the existing risk of relapse. You may also be ordered to install an ignition interlock device; this is an advanced car breathalyzer that stops a vehicle from starting if it detects alcohol on the drivers breath.
Having a DUI has serious long-term personal and financial drawbacks; from job loss to not being able to rent an apartment to even having to face social outcomes such as humiliation or embarrassment from family members or close associates. Despite how overwhelming the process may seem, although the court must sanction such penalties, working with an experienced DUI lawyer can help to reduce or eliminate your DUIs charges.
Assessing the Costs of a DUI
Apart from legal penalties associated with being caught driving under the influence, there are also some other related costs that come with a DUI. Such costs include legal fees, court/ticket fees, fines, increased insurance rates, lost time from missed work, increased car costs, car tow fees, and hiring a DUI lawyer.
Legal fees associated with a DUI can be quite costly. Securing a good lawyer for a DUI case can be quite expensive, especially with many DUI cases requiring additional research and analysis. Even with a resolution such as a plea agreement, legal fees can vary from low to high depending on the complexity of the charges.
DUIs can involve a variety of court/ticket fees depending on the severity of the offense. In some cases, the full amount of the court/ticket fees may even be imposed all at once or spread out over a period of time with the court setting specific payments for each billing cycle.
Fines are imposed at the discretion of the court and can also vary depending on the circumstances of the DUI case. Fines are typically higher for more serious and repeated DUIs, and may include administrative costs such as court fees and other costs associated with conducting the court procedures including the arresting of the driver, towing their vehicle, and testing of any alcohol or drugs.
Your auto insurance company will likely increase your auto insurance rates greatly after a DUI. Its also possible that your auto insurance company may deny you coverage after a DUI due to the elevated risk of having such an offense on your record.
Missing work due to any proceedings related to a DUI can also be quite costly. In addition to potential missed income, having to hire a taxi to get to and from work while one’s drivers license is suspended can increase the DUI costs further. Car related costs can also be expensive as modifications such as installing the ignition interlock device may be required.
Even though getting a DUI can be costly, it is important to hire an experienced DUI lawyer to ensure your rights are protected and that you know your options in order to get the best results. A lawyer can be very beneficial in minimizing the cost of a DUI, working to reduce and possibly dismiss fines and charges, and help you return to court quickly should you choose to contest your DUI citation.
How to Minimize the Risks of a DUI
Driving under the influence is simply not worth it due to the numerous risks and consequences that can accompany a DUI. In fact, responsible drivers can take steps to mitigate their risk of involved in any activity that involves impaired driving.
Those driving should recognize their own limitations and never drive when tired. In fact, even simply not drinking any alcohol before driving is a great way to reduce the risk of a DUI.
Drivers should also assess their blood-alcohol level to make sure they can still operate a vehicle. Excise a designated driver whenever possible when attending parties or social functions in order to prevent impaired driving and related DUIs.
Staying aware on the roads can also help reduce the risk of getting a DUI. Knowing the speed limit in any particular area and adjusting one’s driving to the traffic, be it slow in a residential area or high-speed on a highway, can help drivers avoid being involved in an accident.
Setting a budget and pre-determining a ride-hailing service or taxi to use in case of intoxication is also a good idea. This helps protect drivers from any risk of being behind the wheel while under the influence and also complies with any curfew or restrictions placed upon those convicted of a DUI.
Further, drivers should also be aware of how to react when pulled over and follow all instructions provided by the police. Paying strict attention to the officers recommendations can help ensure the best possible result for the interaction.
Its also important to immediately seek the help of a DUI lawyer after being pulled over, even if its just to gather information on the process of being charged with a DUI. An experienced DUI lawyer can provide advice on any circumstances leading up to a DUI, answer any questions about the process, and even provide knowledge on the best DUI prevention tactics.