• Find Legal Articles
Expert Witnesses

Legal Article Written by HG.org

Three Potential Defenses to DUI Charges

If convicted of DUI, a person may face serious consequences including jail time, fines, community service and probation. In order to avoid these potential ramifications, he or she will need a strong defense. Some defenses that may apply to the case include:

Dispelling Misconceptions about DUI

DUI charges are some of the most common in the United States. Due to this prevalence, there is a lot of inaccurate information regarding alcohol, how to determine BAC limits, drunk driving charges, rights and potential defenses. Some myths and the reality behind them include:

Deciding Whether or Not to Take DUI Tests

When a person is pulled over for suspicion of drunk driving, he or she may be asked to take part in a number of different tests. Whether or not the person should take such a test depends on whether or not he or she was drinking, his or her perceived BAC level, state law and comfort level.

Phases of a DUI Arrest

Although the process of a DUI arrest may vary in each jurisdiction, the general procedures are similar. They usually consist of the following phases:

General Rules for DUI Cases

Many individuals are stopped for suspicion of DUI. Knowing what to do in the situation and the rules associated with such stops can help a person strengthen his or her defense if he or she is arrested for DUI.

A DUI Process Guide

Every day people are stopped for suspicion of drunk driving. Being convicted of DUI often leads to significant consequences even for first time offenders including possible jail time. However, reduced charges or a dismissal of the case may be possible if the defendant has a good case and a knowledgeable DUI lawyer.

DUI Strategy for Traffic Stops

One of the most common questions that a criminal defense lawyer is asked is what to do if pulled over for DUI. This is an important question considering that DUI is one of the most often charged crimes across the country.

Attacking the Charges against a DUI Defendant

Individuals who are facing serious criminal charges such as DUI want to avoid the negative ramifications of a conviction. For a DUI offense, these penalties often include jail time, fines, the imposition of other fees, an order to attend alcohol treatment and the loss of a driverís license.

DUI Guide for Lawyers

Many criminal defense lawyers will handle a DUI case at some point during their career. This is one of the charges that is most often brought against individuals. Being aware of the following information can inform lawyers about important aspects of DUI cases for lawyers who do not typically handle these cases.

Sobriety Checkpoints and DUI, Obtain a Lawyer

One way that many people ultimately confront DUI charges is after being stopped at a sobriety checkpoint. If someone is stopped a checkpoint of this nature, it is important that he or she contacts a defense lawyer who is seasoned on DUI laws, state laws regarding sobriety checkpoints and local customs regarding the establishment of sobriety checkpoints.

Save Time, Energy and Money by Hiring a Lawyer for a DUI

Many individuals make the mistake of not hiring a lawyer after they have been arrested for DUI. They mistakenly believe that they can handle the case themselves or think that everything will be fine if they simply quickly plead guilty.

Liability with Dram Shop

In an effort to curb the disastrous results of drunk driving, more and more states have implemented laws to hold additional parties responsible for their collusion in contributing to drunk driving. These laws are often instituted when strict penalties for DUI have failed to successfully decrease the number of accidents and DUI cases.

Prom Season and Dram Shop Liability

Prom is one of the most festive times of the year for high school students. For many, it is the first time that they dress up to a formal event and the first time that they may be given full freedom by their parents. While this is certainly an exciting time, it is also a time to be concerned about alcohol abuse and potential liability issues associated with the event.

Boats and Drinks Do Not Mix

While many people are aware of the illegality of drinking while driving, fewer people are aware of similar prohibitions against boating and drinking. However, this activity is usually criminalized and can subject defendants to stiff penalties.

BUI Questions Answered

Individuals who live or visit areas where there are multiple waterways often enjoy taking part in water excursions including boating. Many people want to party and may add alcohol to the mix to have a good time. However, drinking and operating a boat can make a person subject to criminal sanctions like he or she would encounter if operating a vehicle on the roadway.

Boating Under the Influence Defenses

Individuals who are arrested for boating under the influence charges are often confused. Often, they are not even aware that this is a crime. They may have no idea how to proceed. Knowing a personís rights can prevent him or her from making mistakes that negatively affect his or her freedom and criminal case. Retaining a criminal defense lawyer early in the process can help prevent mistakes and help establish an aggressive defense.

Differences Between DUI and BUI

A DUI is a crime that someone may face when operating a motor vehicle in an impaired state. Some states, especially those with lake and ocean access like Florida and California, have additional laws related to the operation of a boat while impaired by alcohol or drugs.

DUI Lawyer Needed?

When a DUI offense occurs, many accused individuals may not feel the need for a lawyer, but these legal representatives may save time and money. It is best to at least speak to a lawyer to know what options are available.

DUI Case Expectations

When arrested for driving under the influence of alcohol or drugs, defendants may be scared of the process ahead. Being faced with criminal charges is daunting. The thought of what may occur is often overwhelming. It is vital to know what to expect and what processes need to be followed.

DUI in the Day is Increasing

The instances of driving under the influence during the day have been increasing. It is becoming a major problem that needs to be remedied. Though nighttime impairment is still more likely, daytime driving offenses may cause much more damage and injuries.

New Motorist Threat: Drugged Drivers

Driving under the influence of drugs is a factor that leads to personal injury, property damage and sometimes death. When driving through traffic, it is vital that individuals avoid imbibing substances that may impair capability and judgement.

Texting Potentially Worse than DUI

When a driver is texting, they are not paying attention to the road or traffic. This may lead to severe injury through negligence. Because all senses are impaired whilst texting, these actions are potentially worse than driving under the influence of drugs or alcohol.

Data for DUI

Driving under the influence is a preventable type of offense. Accidents involving alcohol-related incidents are increasing, but the statistics about these accidents are often surprising. It is possible with more knowledge about these crimes, they may be avoided.

Vehicular Homicide Cases and DUI Defenses

It is imperative to defend a client no matter which state or law is involved. A defense strategy should be implemented as soon as possible when the accused is charged with vehicular homicide. Evidence is needed, and witnesses need to be questioned. All details of the death should be recorded and analyzed by a professional.

DUI Lawyers are Needed when DUI Suspicion Arises

It is important to obtain a lawyer when suspicion of DUI is possible. If charges for a DUI or DWI are a likely outcome, it is imperative to start a legal defense immediately. Obtaining a lawyer is a needed action to learn about rights, to discover what options are available and to know what to do next.

Boating Under the Influence Dangers and Consequences

Many individuals are well aware of the risks associated with drinking and driving, including the possibility of being involved in a fatal or serious motor vehicle accident. Multiple organizations and media sources ensure that everyone is aware of these risks and the number of fatal crashes that occur each year. Whether the number of crashes involving alcohol goes up or down is well reported.

DUI Expungements Explained

Individuals who are convicted of a DUI offense often face a number of penalties. While expungement does not take away these penalties, it can help curb how long a conviction can affect the defendant.

DUI Costs Are Often Severe

When a person makes the decision to drive after drinking, he or she may not fully factor in the potential costs associated with drinking and driving. However, these monetary costs can be significant.

DUI Consequences and Immigration

Individuals who are not citizens of the United States must undergo extensive background checks before they are admitted, while they are applying for adjustment of status and after they have been granted lawful presence. If they are convicted of a crime such as DUI, there can be significant consequences.

DUI and Consequences on Inadmissibility and Deportation

When a person who is not a citizen is convicted of DUI, this conviction can have a serious effect on his or her ability to be admitted to the United States or remain in the United States.

Can DUI Make You Deportable?

When a person is not a citizen, his or her immigration status may be conditioned on following the laws of the land. If a person commits a crime, he or she may be concerned about being deported, or removed in immigration terms. One of the most common offenses that people are convicted of is DUI, making it a common concern for immigrants to worry about possible deportation consequences.

DMV Visit After First DUI

When a person is arrested for his or her first DUI, there may be a lot of confusion. He or she may not realize the potential ramifications of this charge or that he or she needs to request a hearing with the DMV in order to prevent an automatic license suspension. Getting a DUI lawyer involved from the very beginning can help the defendant make mistakes that can last for a lifetime.

DUI Sweat Ankle Monitors

When a person is convicted of a DUI, the court may impose a number of penalties on him or her. Sweat ankle monitors for DUI defendants are one type of penalty that may be imposed.

DUI Coping Mechanisms

When a person is arrested for DUI, they are often humiliated, anxious and afraid. They may not know how to get through the difficult time between their arrest and the final resolution of their case, whether that means a plea agreement, acquittal, dismissal of charges or sentencing. A DUI criminal defense lawyer can act as an advocate for a defendant facing such challenges and can provide suggestions on how to cope while the case is pending.

DUI Case and Aggravating Factors

While the potential penalties for DUI are severe, having certain aggravating factors present can implicate even harsher possibilities. Aggravating factors take into consideration that sometimes the crime is considered more dangerous or serious than others.

DUI Effects on Auto Insurance

DUI is one of the most common types of criminal violations that individuals are arrested for. In many situations, a DUI arrest may result in probation or only a few days in jail. Therefore, many people quickly plead guilty in order to receive their punishment and move on with their lives. However, they may fail to take into consideration long-term effects of a conviction such as how a conviction may impact their insurance.

Underage Drinking and Zero Tolerance

Some states have harsher penalties when the person drinking is underage. Charges for driving under the influence with an underage person may be severe. It is vital to obtain a lawyer quickly to determine what options are available once charges have been filed. An early defensive strategy may assist in challenging the charges.

The Crime of Intoxication in Public

Public drunkenness is considered a crime even though a person is legally permitted to consume alcohol. Being in public after consuming too much alcohol may lead to misdemeanor charges and potential criminal consequences. It is often the behavior associated with drunkenness that causes the person to be charged with a crime.

Dangers of Teen Drinking

Teenage drivers may cause severe injury or death when driving under the influence. The lack of experience and knowledge about what to do tends to lead to damages by these drivers. When individuals are driving it is best to avoid drinking in any quantity, but it is especially important for teenage drivers.

DUI Laws for Underage Drivers

More accidents are caused by drivers under 21 years of age than by any other demographic. When alcohol is added to the mix, the potential for injuries or fatalities increases exponentially leading to possibly large scale issues. A zero-tolerance policy has been issued in many states to deal with these drivers. In order to reduce or eliminate underage drinking, the zero tolerance policy is in effect in various states with severe consequences when these individuals are caught.

DUI Expectations When Under 21

Every state in the United States has a law banning drivers from having a blood alcohol content of .08 percent or higher. If a driver is not of legal age to drink and this occurs, penalties for these actions are often more severe.

DUI and Immigration in Canada

Immigration from other areas or countries may become difficult when violations involving alcohol occur. Driving under the influence of alcohol often incurs penalties and many consequences due to these actions. Immigration may be affected adversely due to conviction.

Driverís License Affected by a DUI

One of the most significant effects that a DUI arrest can have on a person is the potential loss of his or her driving privileges. After a person is arrested for a DUI offense, he or she may only have a limited amount of time to request a hearing in order to try to prevent his or her license from being suspended or revoked.

DMV Hearing Importance

For many first-time offenders, the most significant consequence of a DUI arrest is not spending a few days in jail. Instead, it is the prospect of losing their driverís license. Even first-time offenders risk a suspension period of six months to a year in many states. This time is lengthened for repeat offenders. The DMV hearing determines whether the license will be suspended and for how long.

DUI Administrative Process

When a person is arrested for DUI, the case disjoints into two directions. One direction involves the criminal side of the case. Individuals who are convicted of DUI may face serious penalties such as jail time, the imposition of fines, the requirement to install an ignition interlock device, the requirement to attend an alcohol treatment program and the possibility of having to serve probation.

DUI Harsher Penalties for Truck Drivers

Anyone who is arrested for DUI faces serious penalties. However, commercial truck drivers face even harsher penalties and repercussions. In addition to the potential legal ramifications of a conviction, a commercial driver can potentially lose his or her license and job.

Ignition Interlock Device History

In an effort to save lives by curtailing drunk driving accidents, many localities require individuals who have been convicted of DUI to install an ignition interlock device. This device has an interesting and long history which can be appreciated by the public for its positive impact on society.

Impaired Driving Declaration

In some states, it is possible to minimize the negative ramifications of a drunk driving conviction. By taking a plea for a lesser offense, some of the significant punishments of being convicted of a DUI can often be avoided. Some states allow a person to plead to impaired driving, which is considered a lesser DUI offense. However, not all states allow plea bargaining in the event of DUI charges.

How Not to Get a DUI

Many drivers are faced with the circumstances of driving under the influence. Because these actions may lead to a DUI, it is best to contact a lawyer to know what rights are afforded to drivers to avoid charges being filed.

Ignition Interlock Devices

Many states are adapting to violations of DUI with the ignition interlock devices as a means of controlling drivers that drink. This allows many states to prevent numerous accidents with this process.

Personal Injury Cases and Alcohol

Drinking and driving may result in a DUI. However, more factors may be in place when an accident occurs and the driver who caused the accident was under the influence of alcohol. It is important to know what consequences are in effect when these situations arise.

Personal Injury Law Firm Assistance after a DUI

When a DUI offense leads to an accident, it may be vital to obtain assistance from a personal injury law firm. Understanding what options are available is important. Other important things to know may be explained by a personal injury lawyer.

Rules and Obligations of Sobriety Checkpoints

Law enforcement agencies must ensure sobriety checkpoints are constitutionally permissible. Unlawful searches and seizures cannot be part of these checkpoints, as they violate constitutional law. However, when appropriate conditions exist, no violations occur.

Should a DUI Charge be Fought Once Arrested?

The benefits of disputing a DUI arrest and charge are not always clear. The consequences of a DUI are not always known to those that are charged with this offense. It is imperative to obtain this information. With this information, a driver may know how to react and behave once pulled over by law enforcement.

Gender Impact Regarding Blood-Alcohol Content with DUI Cases

Because male and female bodies are affected differently by alcohol, each may have a different blood alcohol content after consuming the same amount of alcohol. Women usually have a higher BAC percentage, and it is important to avoid a DUI case by being aware of this information.

DUIís Greater Penalties

First DUI arrests may occur with misdemeanor charges and lesser penalties in some states. But when aggravated circumstances exist, severe and greater penalties are often issued to these drivers.

DUI Conviction May Still Occur When Passing a Breathalyzer Test

There are multiple pieces of evidence that the prosecution relies on when convicting a person of DUI charges. A breathalyzer is only one of these methods. Passing this does not necessarily ensure a driver will not be convicted of a DUI.

DUI Breathalyzer Requirements

For many, knowing whether it is required to breathe into a breathalyzer machine is unknown. Some lawyers may say there is no right answer, but in many states, refusal to do so results in a suspension of the driverís license. It is best to contact a lawyer for any questions regarding the legality of this process.

Deportation from the United States Involving DUI

Deportation is a concern when a violation of the law has occurred. When driving under the influence of alcohol arises, lawful immigration status may be threatened. Conditional residence in the United States has many factors that are considered for a person to retain such status.

Checkpoints for Sobriety

Many states have checkpoints that check sobriety. These are used as methods to reduce potential cases of people drinking while driving. However, if improper searches or seizures are completed, a DUI charge may be invalid. It is important to know the law and what rights are afforded drivers in each state.

Avoid DUI Lasting Consequences

Being convicted of a DUI offense can establish long-lasting and far-reaching consequences. For this reason, many criminal defendants make the choice to hire an experienced criminal defense lawyer who has worked on DUI cases in the past.

Refusing to Submit to DUI Testing

Individuals who are pulled over are often asked to participate in various types of DUI testing. Refusing to test can subject the criminal defendant to certain criminal penalties. However, there are certainly times when a criminal defense lawyer would recommend not submitting to such testing.

Misdemeanor and Aggravated DUI Differences

DUI charges are treated differently by each state, which establishes its own laws prohibiting this conduct. Differences also exist depending on whether the offense is considered a misdemeanor offense or an aggravated DUI offense. It is critical that defendants understand the differences in these two offenses.

Potential DUI Penalties

Every state has unique laws regarding drinking and driving. These laws govern the criminalization of the act as well as how such actions are treated administratively. The method that these cases are handled varies by each jurisdiction.

Rising Blood Alcohol Defense

Rising blood alcohol content defense is a common and sometimes successful defense of DUI charges. This defense explains that the BAC may have been lower when the driver was driving, even if he or she registered a .08 percent or higher after being pulled over. Various factors play a role in how the BAC registers higher later and how it may be lower before the rise.

DUI Breath Tests and Foreign Substances

Defenses exist to test the validity of a breathalyzer test when a foreign substance has been ingested. An arrest may still occur if these materials are taken. To ensure a proper defense is implemented for a case, a criminal defense lawyer should be obtained early. He or she may assist the defending person to build a strong and aggressive case against the prosecution. Many substances imbibed may cause the blood alcohol content levels to rise over the national legal limit of .08 percent.

DUI Testing Common Flaws

Many DUI cases have substantial evidence in the prosecution to attempt to convict the driver involved. However, there are various ways to challenge the evidence based on common flaws that it may have.

Police Stop that are Unlawful

To be pulled over by law enforcement agents, there must be reasonable suspicion when a DUI arrest has been issued. When reasonable suspicion is absent and an arrest is made, these charges may be fought in court.

DUI and the Fifth Amendment

The Fifth Amendment is a possible defense when a person has been arrested for a DUI. This Amendment to the Constitution allows for a person to remain silent to avoid incriminating himself or herself. Though some things may be required, this is a valid defense in many cases.

How to Defend Against DUI

Not all DUI arrests lead to a successful conviction. When a knowledgeable lawyer is obtained, a positive defense may be implemented. Avoiding conviction is increased when a lawyer is hired to assist the accused individual.

DUI Challenges to Law Enforcement

There are numerous methods to fight charges of driving under the influence. It is necessary to generate a defensive plan to protect against conviction. Challenging evidence and processes may be the path to take. Hiring a criminal defense lawyer early to create a defensive strategy may lead to a positive outcome or reduced penalties if conviction does occur.

Cases with the Motor Vehicle Division

When a person is charged with DUI, he or she may be subject to an immediate license suspension. However, he or she may be able to file to have a hearing with the Motor Vehicle Division or similar agency in order to retain driving privileges and to fight the loss of his or her license.

Two Cases with One DUI

When a person is arrested for DUI, he or she may immediately think about the possibilities of a conviction in a criminal case. However, the criminal aspect of the case is only one consideration. The other is the case regarding a personís driverís license.

Mouth Alcohol Defense with DUI

The mouth alcohol defense is a rare by usually very effective defense strategy for those charged with DUI. It explains that a blood alcohol test is not accurate if the person uses deep lung air only when being tested.

DUI Jury Selection Achievement

Picking juries may become difficult for lawyers based on specific cases. Achieving a good selection of jurors often is daunting. But, with prep work and good judgement, a jury may work for the lawyer once selected. In addition to this, jury selection with the right questions and behavior may earn respect and admiration from these individuals by the lawyer doing the picking.

GERD and its Effect on DUI

Gastroesophageal reflux disease is caused by acid reflex syndrome. This medical issue may affect a DUI with a breathalyzer. It is important to know how this affects charges and cases. Some gases may affect the results when taking a breathalyzer test, and some traces of alcohol may remain present longer when the alcohol content in the blood has already dissipated enough to fall below the national legal limit of .08 percent.

DUI Arrests and Subsequent Stages

After being arrested, the person charged with driving under the influence is taken and placed in jail. A breathalyzer test is then requested. If the driver refuses this test, his or her license is automatically suspended pending further action in many states.

Possibility of First Degree Murder with DUI

Many individuals have heard of vehicular homicide, manslaughter or other offenses that are related when a person drinks and drives and ultimately causes the death of another due to an accident that occurs in the vehicle. However, in some jurisdictions such actions can even result in murder charges.

DUI Defense

Some defenses in DUI cases are only applicable in certain states. In these states that have extremely strict laws against drunk driving, it is imperative a lawyer is obtained to build a strategy of defense. Penalties are often harsh with jail or prison terms, and applicable fines are usually expensive.

Beating a Breath Test

Evidence of breath tests often assist in convicting drivers arrested for DUI charges. However, they are not always accurate. There are some tricks that may assist in beating these tests.

DUI and License Suspension

Individuals who are arrested for drinking and driving face a number of consequences. One of the most significant and long-lasting consequences is losing a driverís license.

Refusing a Field Sobriety Test

Almost every time a driver is stopped when there is suspicion that a DUI is being violated, the police officer asks if he or she would be willing to participate in a Standard Field Sobriety Test. There are reasons why this request should be refused.

Drawing Blood Without a Warrant

The process of drawing blood without a warrant has been determined by the Supreme Court to be protected through the Fourth Amendment. There may be some stipulations to this, but unless there are specific circumstances, this protection holds.

The Expense of a DUI

When individuals think about the consequences of drinking, they may worry about possible jail time or the loss of driving privileges. They may overlook the financial aspect of getting a DUI or DWI. However, this aspect of the case can be quite expensive and subject the defendant to some of the longest lasting consequences.

Procedures in DUI Defense

Laws about DUI may be confusing for many due to the variations throughout the United States. Some states have varying degrees of penalties. It is best to obtain a lawyer well-versed in these issues in the state the charges were issued.

Innocent Before Proven Guilty Even In DUI Cases

The right of all citizens of the United States is that no matter if the person is arrested, he or she is still innocent until guilt has been proven beyond a reasonable doubt. In some states, the burden of proof that the individual is guilty is very high.

Defects with Breathalyzer Tests Past and Present

Breathalyzers are a controversial subject when applied to DUI cases. There are many instances of effectiveness and validity, but some are not used in court because of flaws inherent in the devices.

Challenging DUI Test Results

There are various ways to fight charges of DUI. It is imperative to create a defensive strategy to defend against conviction. Challenging evidence and processes may be the path to take. Backed by a criminal defense lawyer, strategies about how tests may be challenged should provide a strong and aggressive stance in fighting charges of DUI violations.

DUI Arrest and the Only Defense Against It

Some states have specific laws that require citizens to obtain a criminal defense lawyer if they are pulled over for a DUI. Arrest for these offenses demand a lawyer hired no matter if there is a valid case or not.

DUI Checkpoints Violate Fourth Amendment or No?

Many drivers that are forced to go through DUI checkpoints often wonder if the process is a violation of the Fourth Amendment. Is the procedure in violation of unlawful search and seizure? Read on to learn more.

Wrongful Death Elements

A wrongful death case may be filed by the surviving family members of someone who died as a result of the negligence, recklessness or intentional acts of another person. In order for the family to recover, they must be able to show that all of the elements of the case are present.

Wrongful Death Cases

When one partyís negligent or intentional actions cause the death of another person, this party may be held civilly liable for the death. This may result in the victimís family receiving compensation for the economic and non-economic damages that they and the victim suffered.

Handling Hit and Run Accidents

Hit and run accidents occur when two or more vehicles collide and one party flees the scene with the vehicle or on foot. When an accident is impacted by one of the parties fleeing, the case can often become more complicated.

Hit and Run Personal Injury Claims

When individuals are injured by another driver, they often know to get the other driverís insurance information and to make a claim against that policy. However, when they are injured in a hit and run accident, the claims process is often much more complicated.

Drug and Alcohol Risks for Underage Youths

Adolescents commonly experience with drugs and alcohol during their youth. However, this can often result in serious ramifications to their development, future prospects and potential criminal culpability. Understanding these risks can help recognize and deter this conduct.

Casualty: Manslaughter or Murder in DUI?

When a personís drinking causes him or her to lose the ability to safely drive, a DUI accident may result. In tragic cases, this accident leads to the loss of someoneís life. Such accidents are devastating to everyone involved, including their families.

DUI Specialists

Specialists and experts determine the validity of chemical test and field sobriety test evidence collected by law enforcement agents from those driving under suspicion of DUI violations. Known flaws in these devices and processes are overlooked when analysis is performed in some situations. Many flaws are taken into account or used to explain results.

Blood and Breath Tests Explained

Testing of blood and breath are standard procedures police officers use to analyze the blood alcohol content of a driver when there is suspicion of DUI. These tests are not always reliable, and there are other factors that assist in determining if a case against an individual is valid.

For DUI, Are Field Sobriety Tests Admissible?

Some ways law enforcement officers may determine if a driver is impaired are through a standard breath test or a sobriety test. However, these tests are not always reliable. The question then becomes one of admissibility in court.

Implied Consent Blood Test Rejected by United States Supreme Court

Many states require blood testing to determine blood alcohol levels for determination of impaired driving. When a person refuses to be tested, these states criminalize these actions. The United States Supreme Court has addressed this issue.

Contact a Lawyer

Find a Local Lawyer