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Category Archives: DUI / Drunk Driving

DUI Convictions, Driving Record and Expungement Procedure

DUI Convictions, Driving Record and Expungement Procedure

If you’re like most people facing DUI charges, you don’t know a lot about the workings of the criminal court system and are unsure what to expect. DUI charges can’t be taken lightly. Many states have imposed mandatory jail time for even first-time offenders, and the additional costs and penalties associated with a DUI conviction can be serious as well: probation, mandatory drug and alcohol counseling, installation of an ignition interlock device on your car, expensive high-risk insurance requirements and much more. To learn more about the possible penalties for a DUI in your state and how you may be able to protect yourself, talk to a local DUI lawyer. DUI Convictions A driving under the influence (DUI) conviction can have long-term significant impacts on a person’s life. Everything from… […]

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Consult With DUI Lawyer About Your DUI Charges

Consult With DUI Lawyer About Your DUI Charges

Drinking and driving charges may result in either DUI misdemeanors or DUI felonies. Typically, a person receives a DUI misdemeanor for their first, second or third DUI offense. Felony charges typically result after a person’s third DUI offense or if they were involved in a car accident that caused bodily injury or property damage. Penalties for DUI misdemeanors are generally lesser than felony DUI penalties, but they vary state-by-state. The severity of the charges usually depend on whether a person has had any prior DUI misdemeanor charges: monetary fines probation mandatory alcohol counseling license suspension and/or restricted driving privileges jail time. Aggravated DUI Drunk driving laws are not limited to just alcohol impairment in automobiles, while different circumstances and past criminal convictions affect how each DUI defendant is charged. The… […]

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Florida Drunk Driving Laws, Statistics, Penalties and DUI Attorney

Florida Drunk Driving Laws, Statistics, Penalties and DUI Attorney

Can a person be guilty of drunk driving if he only had one drink? The crime of drunk driving is generally defined in two ways: (1) having a blood alcohol content above the limit set by law, or (2) driving under the influence of alcohol. To find a person guilty under the first definition, a jury must be convinced beyond a reasonable doubt that the person’s blood alcohol content (BAC) exceeded a certain amount. In most states the legal limit is .08 (or 8 percent). Therefore, if it is proven that the person’s BAC at the time of the incident was .08 or greater, he or she can be convicted of drunk driving, regardless of how much alcohol was actually consumed (source). In contrast, the second definition does not refer… […]

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Sobriety Checkpoints, Field Sobriety Tests and DUI Charges

Sobriety Checkpoints, Field Sobriety Tests and DUI Charges

Sobriety checkpoints or roadblocks involve law enforcement officials stopping every vehicle (or more typically, every nth vehicle) on a public roadway and investigating the possibility that the driver might be too impaired to drive. They are often set up late at night or in the very early morning hours and on weekends, at which time the proportion of impaired drivers tends to be the highest. Checkpoints are also often set near the exit points of public events, to prevent large numbers of drunk drivers from being released into traffic simultaneously from the event. With a portable and quick alcohol breath test, the police can test all drivers (if the law permits), and process the cars one by one as in a conveyor belt. When there is no quick test, a… […]

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Drunk Driving Lawyer

Drunk Driving Lawyer

Individuals who own a vehicle have a responsibility and duty to ensure that they drive in a safe and appropriate manner. When a person drives carelessly, he or she operates a vehicle or streetcar without the proper attention or a reasonable consideration for other people on the road. A careless driving charge has to do with a citation that implies that the person isn’t driving their vehicle in a prudent manner. There are several examples of behavior that could warrant a careless driving charge. Driving through a red light could be considered careless driving, as can driving inappropriately close to another vehicle. Even a person’s conduct while they are driving could be considered careless. For example, an individual who is reading a map, looking at another passenger, or tuning a… […]

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Arrested For DUI, Get An Experienced DUI/DWI Attorney

Arrested For DUI, Get An Experienced DUI/DWI Attorney

What is The Difference Between DUI and DWI Both DUI and DWI are terms that refer to operating a motor vehicle while impaired by illegal drugs or alcohol. The biggest difference between the two is only in what the letters stand for. DWI is an acronym for driving while intoxicated or impaired and DUI stands for driving under the influence. Throughout the United States, the laws vary regarding how a DUI or DWI is dealt with. In some states, the drunk driving laws differentiate between a DUI and a DWI, where the DUI is a lesser charge. In these states, a DUI usually signifies a lesser degree of intoxication, which is determined by a person’s blood alcohol level at the time of arrest. Sometimes, states will allow the charges of… […]

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DUI Charges and FAQ

DUI Charges and FAQ

The crime of driving under the influence (DUI), also called driving while intoxicated, occurs when a defendant operate a motor vehicle while under the influence of an intoxicant. A prosecution for a DUI usually happens after someone drives a motor vehicle while intoxicated and is stopped by police during a traffic stop. Although the crime involved a motor vehicle, it is not a traffic citation. Q: How Your Blood Alcohol Level is Measured A: The most common system for measuring and reporting a person’s blood alcohol level is calculated using the weight of alcohol in milligrams and the volume of blood in deciliters (this yields a blood alcohol concentration that can be expressed as a percentage). This system of determining blood alcohol level is the one prescribed by almost every… […]

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Drunk Driving Charges and DUI Defense Lawyers

Drunk Driving Charges and DUI Defense Lawyers

DUI is an acronym that stands for driving under the influence. A felony is a serious crime that generally involves harsher consequences than lesser crimes known as misdemeanors. In most places, DUI is a crime that can be charged as a felony or as a misdemeanor. A felony DUI generally results when there are circumstances that aggravate a person’s decision to drive under the influence. Driving while under the influence of alcohol is extremely dangerous because alcohol impairs the person’s motor skills and decreases his or her ability to act quickly when driving a vehicle. The different drunk driving charges are: misdemeanor driving under the influence (DUI) felony DUI juvenile DUI commercial driver DUI Drunk driving charges can also be combined with prescription drug use, illegal substance use, and manslaughter… […]

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West Palm Beach DUI/DWI Attorney

West Palm Beach DUI/DWI Attorney

Drunk driving is the most common traffic rule violation. In Florida this is the most serious traffic crime. If your blood alcohol content (BAC) rate is higher than 0.08, you will be charged with driving under the influence (DUI) of alcohol or drug. If this is your first conviction, you will face monetary fine up to $500, community service for 50 hours, license suspension, even prison time. This penalty may increase in case of second offense, higher BAC rate and presence of a minor inside your car. Furthermore, if you commit any other offense within short time span of being charged with DUI, the penalty of that offense will increase too. 1st Conviction You can be found guilty Be fined anywhere from $500 to $1,000 Go to jail for 6… […]

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Faulty Breathalyzer May Cause Hundreds of DUI Cases to be Thrown Out

Faulty Breathalyzer May Cause Hundreds of DUI Cases to be Thrown Out

One criminal defense lawyer is causing a bit of a tumult as he is aggressively challenging the accuracy of a particular breathalyzer used by the FDLE. If his challenge follows through in court when he addresses the judges that have dealt with cases involving the now famous Intoxilyzer 8000, then possibly hundreds of DUI cases in Palm Beach County may be thrown out due to inaccurate evidence. This could be an extremely significant event and thus the manufacturing company of the Inoxilyzer 8000 is conducting its own investigation into the machine’s reliability. DUI Evidence to be Called Inadmissible According to an article in WPTV News, South Florida defense lawyer Brian Gabriel has filed several motions claiming the DUI breath test used throughout the state is unreliable. This time, he says… […]

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