Chemical Testing Methods

Breathalyzers are by far the most common methods of DWI testing and are used to measure the level of alcohol in a person’s blood. The way that breathalyzers operate is by looking for ethanol, which is an alcohol that is made when sugars ferment. Alcohol enters your circulation through absorption and then diffuses into your lungs after consumption. The breathalyzer calculates your blood alcohol content by measuring the amount of ethanol in your breath.

Another common chemical test is the blood test, which directly measures the amount of alcohol in a person’s blood. Blood tests are more accurate than breathalyzers, as they are not affected by factors such as recent breath mints or certain medical conditions. In most states, police officers must have probable cause in order to administer a blood test unless the driver is arrested following an accident.

Field Tests

In addition to chemical testing, officers may also conduct field sobriety tests (FSTs) to assess a driver’s level of intoxication. These tests are designed to measure a person’s coordination, balance, and mental alertness. Some common methods include the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test.

Specially trained officers can also perform an evaluation that classifies someone as intoxicated by looking at physical signs and behaviors. However, research published in the Journal of Studies on Alcohol and Drugs found that officers misclassified 22% of impaired drivers, highlighting the potential for inaccuracies.

Field sobriety tests have been scrutinized as unreliable and entirely arbitrary. FSTs rely heavily on officer training and subjective judgment. They are also often standardized for individuals accustomed to Western norms of balance and coordination. Cultural variations in movement patterns can lead to misinterpretations, raising concerns about inclusivity and fairness.

Variations in interpretation and scoring can lead to inconsistencies, potentially impacting the fairness of assessments. These limitations raise crucial questions about the fairness and accuracy of DWI charges based solely on field tests.

Roadside Drug Tests

In recent years, law enforcement has increasingly turned to roadside drug tests to detect the presence of illegal drugs in drivers’ systems. These tests, which typically involve taking a saliva or urine sample, are intended to provide a quick and easy way to identify drivers who may be under the influence of marijuana, cocaine, or other controlled substances.

A 2022 study in the Journal of Analytical Toxicology found that saliva tests had a 30% false-positive rate for cannabis, meaning they indicated drug presence even when individuals were not under the influence. Additionally, RDTs often only detect recent drug use, not necessarily current impairment.

The Legal Aspect

Navigating the complexities of DWI testing for non-alcohol substances presents unique legal challenges. The lack of standardized, reliable field tests for many drugs necessitates careful evaluation of all evidence, including SFST performance, drug history, and potential alternative explanations for observed behavior. With this comes the potential of being wrongfully convicted of a DWI and it is important to know your rights. This is where experienced legal counsel becomes invaluable. If you are facing DWI charges, a DWI attorney can help you develop a strong defense strategy.

DWI attorneys specializing in drug-related charges can:

• Challenge the validity of field test results: By questioning the accuracy of DAID or THC breathalyzers and highlighting limitations of SFSTs for drugs, they can cast doubt on the initial evidence.
• Advocate for blood test analysis: When available, pushing for blood tests can provide more definitive evidence, potentially challenging field test interpretations.
• Explore alternative explanations: Medical conditions, prescription medications, and even passive exposure to drugs can mimic intoxication. A skilled attorney can investigate these possibilities, building a compelling counter-narrative.

Conclusion

The accuracy of DWI testing methods, whether chemical, field-based, or roadside drug tests, is not infallible. While breathalyzers and blood tests provide measurable data, the reliability of field sobriety tests has been questioned, introducing concerns about fairness and accuracy. Roadside drug tests, while convenient, exhibit notable false-positive rates.

Navigating the legal implications of DWI charges involving non-alcohol substances requires a nuanced approach. A skilled DWI attorney specializing in drug-related cases can challenge test validity, advocate for more reliable blood tests, and explore alternative explanations for observed behavior. In the face of potentially life-altering consequences, securing experienced legal counsel becomes paramount to ensuring a fair and robust defense strategy.

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For someone who gets arrested for DUI, they’ll likely wonder what to expect in terms of their DUI case and how long it will last. If this sounds like your situation, keep reading for a basic overview of what will happen.

What Is a DUI?

Most people know that DUI or driving under the influence means that you got caught driving after you were drinking or using some kind of drug. Since alcohol is the most common culprit, we’ll stick with that.

For a DUI arrest, you must cross a specific legal threshold in terms of your blood alcohol content. The national BAC is 0.8 percent. Many states also impose zero-tolerance policies for underage drinkers and more stringent rules for commercial drivers.

DUI Process

The DUI process is fairly straightforward. If you get arrested, it means you got pulled over and failed one or more sobriety tests. You’ll get taken to the local or county jail, fingerprinted, and then you move on to the arraignment.

At the arraignment, you advise the court of your plea, which is typically not guilty. Many courts also use arraignment for a simultaneous bail hearing.

In first-time cases or cases where no one was harmed, you’ll often get released until the next step in the process. If you’re arrested after an accident that harms someone, it’s a felony charge, or you’re back for your second or third DUI arrest, the judge will often set bail.

You may strike a plea bargain with the prosecutor before you appear in court for your trial. If you don’t plead out, you’ll proceed to trial, where your lawyer and the DA will present evidence.

Then, a jury will typically render a verdict. A judge will determine your sentence if you’re found guilty.

Average Length of a DUI Case

The average length of a DUI case from arrest to plea bargain or trial conclusion can vary wildly. If you make a plea deal, it might only take a month or two. If you take it to trial, a misdemeanor case can take three to six months to resolve, and felony cases can last even longer.

Average Cost

As with the average length of a DUI case, the average DUI lawyer cost will vary a lot. For example, the fees often go down if you plead out or the case never goes to trial. The fees may prove higher for felony charges than misdemeanors.

Your DUI Case

While a DUI case doesn’t rise to the level of other criminal charges in the public consciousness, it’s still a very serious matter that can land you with serious fines and even jail time.

After your arrest, you should expect a wait of several months before the case will come to a resolution. You should strongly consider hiring legal representation.

Curious about other kinds of criminal cases? Check out our criminal law section for more posts.

The post How Long Does a Typical DUI Case Last? appeared first on No Blog Title Set.

If you get convicted of DUI, you know how invasive the process can be. But did you know you may not drive around if you haven’t received your court summons yet?

When the officer arrests you for a DUI, your license will get revoked before you see a courtroom. With the help of a DUI attorney, you can challenge the police to prove your case. Then you can take the steps to get your license back.

If you’re confident about your case and want to learn about getting your license back, keep reading.

Take Part in DUI Hearing

If an officer caught you driving under the influence (DUI), appear in court for a DUI hearing. This is your opportunity to present your case and try to get your license back. You will need to bring any evidence that you have to support your case, such as witnesses or footage from a dashboard camera.

Show that you are remorseful for your actions and that you have taken steps to ensure that it will not happen again. You may also need to do community service or attend counseling.

You should contact DUI in your area like Polson Law Firm, to discuss your options and how to best defend yourself against the charge. The judge will decide whether to return your license based on the evidence you present. If you convince the judge that you are not a danger to yourself or others, you may get your license back.

Settle All Payments and Fines

If the court convicts you of a DUI, you will face fines as part of your sentence. These fines can vary depending on the state in which you get convicted, as well as the severity of your offense. These fines range from a few hundred to a few thousand dollars.

In some states, you may need to pay extra fees, such as for mandatory alcohol education classes or for having your license suspended or revoked. You will need to pay all these fines before you can have your driver’s license and DUI case being resolved. Sometimes, you may set up a payment plan with the court.

Finish the Course of License Suspension

If an officer arrests you for DUI, you will have your driver’s license suspended. The length of the suspension will depend on some factors. This includes your blood alcohol content (BAC), whether you have a history of DUI before, and whether you injured anyone while driving under the influence.

In most states, first-time offenders will have their licenses suspended for three to six months. Yet, if your BAC was high or if you injured someone while driving under the influence, you may face a longer suspension. To get your license back after a DUI, you must first finish the suspension of your license.

Complete Any Court-Ordered Programs

The court will order you to complete specific programs before you are eligible to have your license reinstated. The programs will vary depending on the severity of your DUI and your state’s laws. But they may include attending DUI classes, installing an ignition interlock device on your vehicle, or both.

Also, they may need you to attend an alcohol education and treatment program. This program is to help you understand the risks of drinking and driving. Also, to give you the tools you need to make better decisions in the future.

You will need to follow the court’s requirements and complete the programs to get your license back and avoid further penalties.

Get an SR-22 Insurance Form

Is your license suspended immediately after DUI? If you do, another step to take is you will need to get an SR22 insurance form. An SR22 is a certificate of financial responsibility that proves you have the least amount of liability insurance required by your state. You may need to maintain the SR22 for three years or more, depending on your state’s requirements.

You will need to get this form from your insurance company and then file it with your state’s department of motor vehicles (DMV). Once you have done this, you will be able to get your license back.

Contact Your Local DMV and Request for Reinstatement

After completing the requirements mentioned above, you will need to contact your local DMV. You can now begin the process of reinstating your driver’s license. The DMV will need you to complete a reinstatement form, which will ask for your personal information as well as details about your conviction.

Once you complete the form, you will need to submit it to the DMV along with any required documentation. You will need to provide proof that you have completed any required DUI courses or treatment. You may also need to take a written or driving test as part of a requirement.

The DMV will then review your case and determine if you are eligible for reinstatement. If your license has been revoked, you will need to go through the process of applying for a new license. This can be a long and difficult process, but it is possible to get your license back after a DUI.

Follow These Steps on How to Get Your License Back After a DUI

There are a few steps you need to take on how to get your license back after a DUI. You will need to take part in a DUI hearing, pay any fines associated with your DUI, and finish the course of suspension. You also need to complete a mandatory treatment program, get an SR-22 insurance form, and request for reinstatement at your local DMV. Follow these steps, and you will be on your way to getting your license back.

Be sure to check out the rest of our site for all the latest information about legal matters and more.

The post How to Get Your License Back After a DUI appeared first on No Blog Title Set.

Worrying, isn’t it? No wonder the authorities have come up with stiffer penalties to curb DUI driving.

These days, it seems that everyone is doing their best to get drunk. However, there are many people out there who have had too much alcohol and are now facing a DUI charge.

Have you or someone close to you been charged with this serious offense? If so, it’s very important you contact a DUI lawyer right away.

With everybody going the DYI route today, you may be wondering why you should hire a DUI lawyer.

Read to understand why.

1. Experienced DUI Lawyers Understand the Legal System

The legal system is a complex web of rules and regulations, and DUI attorneys have years of experience navigating it. This experience gives them an advantage over other lawyers when representing their clients in court.

DUI attorneys are familiar with the judges, prosecutors, and other legal professionals at your local courthouse. They know how to work with these people to get the best outcome for your case.

After all, it’s people who work cases, not the courthouse. This human connection can profoundly affect the outcome of your DUI charge.

Using an experienced DUI lawyer will also save you money in attorney fees. This is because they won’t be spending time researching or learning about the law on your behalf. Instead, they’ll know exactly what needs to be done to win your case without wasting time or money!

2. To Ensure Your Rights Are Protected

You need to be sure that your rights are protected. The legal system is confusing and difficult to navigate on your own, especially when you’re facing DUI charges. You need a lawyer to help you understand what steps to take next and the best outcomes for your unique case.

There are many reasons why hiring an attorney may be in your best interest:

It ensures that you don’t accidentally waive any of your legal rights or protections during questioning or interrogations by law enforcement.

It ensures critical evidence isn’t lost because officers didn’t turn it over.

Also, you’ll know how long it will take before charges against you can be dropped or reduced through alternative sentencing programs.

3. They’ve Got Unmatched Experience in the Courtroom

The best drinking and driving lawyers have been in the courtrooms for years. They don’t just know how to present a case to you and your family—they know how to present a case to the judge and jury, too. And even more importantly, they know how to present it to the prosecutor!

You can tell this by the way they stand and walk, confident as can be.

No one intimidates them because they’ve been around so long that everyone is used to them being there. That’s what makes them so effective: they’re not afraid of anyone or anything in those courts. It gets even better as they can be the ones intimidating others, which can be good for you.

If it comes down to it, a good drunk driving attorney can also help you prepare for cross-examination by either opposing counsel or a witness on behalf of their client. Few people have any idea how to do this because most people have never been cross-examined before.

A skilled DUI attorney knows exactly what questions will be asked so that they can coach their clients accordingly beforehand. This way, there aren’t any surprises later when it’s time for cross-examination.

4. A DUI Lawyer Can Help in Erasing the Record

Nearly 70 million Americans have a criminal record.

The presence of a DUI on your record can have a catastrophic impact on the trajectory of your life. It makes it more difficult to get a job, get insurance, or pursue other opportunities that require proof that you have a clean record. This can lead to even more trouble down the line (such as an inability to renew your driver’s license).

Luckily, there are ways around this problem!

Erasing the record is one of the most important things to do after getting arrested for a DUI. Once your arrest and charges have been formally filed, anyone can find the record. These can be potential employers or housing providers who conduct background checks.

Most people aren’t aware of this fact, so they don’t bother asking their lawyer about it. But if you want to erase your record after hiring one, it must be done correctly.

5. They Are Specialists in DUI Law

Just as you wouldn’t trust a veterinarian to look after your injuries, don’t trust just any lawyer. With many types of lawyers, ensure you hire a specialized DUI attorney.

When it comes to the DUI law courtroom, DUI lawyers are like football players. They’ve got experience in the field and know how to play the game. If you’re looking for someone who knows how to work the system in your favor, then hiring a DUI lawyer is your best option.

Do you want your DUI lawyer on their A-game? Don’t worry; they’ll be prepared for whatever comes their way!

Don’t Risk Your Freedom: Hire a DUI Attorney

While it might not be the most exciting topic, being charged with DUI is serious. You might be staring at hefty fines, loss of your license, or worse, prison time.

Don’t try your luck; hire a DUI lawyer.

If you need more legal tips, we have tons of articles that might interest you. Feel free to browse around for more related information.

The post 5 Important Reasons for Hiring a DUI Lawyer appeared first on No Blog Title Set.

Getting caught for drunk driving has a variety of consequences because it can cause everlasting damage.

What are the penalties for driving under the influence? Keep reading to find out.

First-Offense DUI Convictions

The penalties for driving under the influence depend on the number of prior convictions among other factors.

In most states, the first DUI or DWI conviction is a misdemeanor. It is punishable by up to six months or a year in jail.

A few states have a maximum jail time that is shorter for a DUI. Pennsylvania is one of the very few states where a first DUI doesn’t carry any jail time.

Repeat Offenses

With a second and subsequent DUI, the maximum possible jail time increases. The mandatory minimum jail sentence is also longer than it is compared to a first offense.

Colorado is unique when it comes to repeat offenses. The minimum jail time is five days for a first offense, 10 days for the second, and 60 days for the third offense.

However, the maximum jail time is one year no matter the number of offenses.

Aggravating Circumstances

There are other circumstances that can affect how much jail time you get for a DUI conviction.

Some states punish drinking and driving depending on a person’s blood alcohol concentration (BAC). If the BAC is particularly high, jail time could be longer.

Many states increase penalties for DUI charges when an accident occurs as well.

A DUI or DWI is classified as a felony if the drunk driver killed or injured someone. It might also count as a felony if the driver has many prior DUI convictions. The specifics depend on state law.

Whether or not the offense is a DUI or DWI will also affect the consequences. Read more about their differences now.

Fines

Drunk driving convictions almost always result in fines. The fines vary by state but the same factors that would increase jail time also increase the fine amount.

DUIs with certain aggravating factors also tend to carry higher fines.

Most states have fines ranging from $500 to $2,000 for the standard first DUI conviction. Fines get well up into the thousands for multiple convictions and aggravating factors.

License Suspension

An offender has a good chance of having their license suspended for a period of time. The court or the state motor vehicles department might mandate this as a punishment.

Suspension penalties also tie into how many prior convictions a driver has.

If a driver refuses to take a urine, blood, or breath test, it can also result in a license suspension.

Penalties for Driving Under the Influence Explained

The penalties for driving under the influence vary by state and typically depend on the number of prior convictions a drunk driver has.

The more convictions, the more jail time or higher the fines will be. In some circumstances, DUIs can count as felonies rather than misdemeanors.

Refer to the rules in your state to get a better idea of the specifics. For more informative posts like this, check out the other articles on our website.

The post The Consequences of Driving Under the Influence appeared first on No Blog Title Set.

The Louisville DUI Attorney, Jason Brown, is one of the most well-known DUI attorneys in the country. Born in Michigan, he graduated from Western Michigan University School of Law, where he was a member of the Phi Beta Sigma Honor Society. He also earned an undergraduate degree from Stanford University and a master’s degree from George Washington University Law School.

The legal philosophy of the DUI Defense Attorneys is similar to that of other DUI attorneys in that they work to get their clients a reduced sentence. They do not believe that the charges should stand, or should be dismissed, but are willing to negotiate the punishment down to a lesser level. They argue that the laws regarding DUI are often unclear and need to be clearly defined to avoid future violations. When the laws are clear, then they feel the law does not apply, and they cannot defend the person.

According to the DUI Attorney, the defendant’s lawyer has to decide what percentage of the punishment will be suspended, or reduced. For instance, if a DUI charge involves fines of $500 or less, then he or she may only have to pay a minor part of the cost. However, for other punishments, the lawyer has to decide how much time is taken off, if any, or how long the suspension will last. Some people, including the defendant, do not want the suspension to take place.

According to the DUI Attorney, judges will often make their decisions based on statistics. This means that the judge is more likely to lower the sentence than if the judge were considering the person’s actual guilt. The judge’s reasoning could be because the person’s driver’s education class was not as intensive as the defendant had hoped it would be. If the driver is also a repeat offender, or has multiple DUI charges, the judge may consider the amount of time the person was allowed to skip work before his or her conviction.

Louisville DUI Attorney Jason Brown

In some DUI cases, the driver may not have any idea how to proceed, so the lawyer can help by explaining the implications of the charges. to them. This is one of the things that helps the lawyer to persuade the court to reduce the sentence. or dismiss the charge altogether.

The DUI Attorney also tries to get the courts to dismiss the case if the person is found not guilty. This is because many judges like to show leniency when someone has been found guilty of a crime. They usually prefer to send the person to jail to avoid the expense and inconvenience of having to give back the car that the person used to drive while intoxicated.

The DUI Attorney also gets the courts to dismiss a DUI charge if the person is found not guilty of the first offense or if the judge thinks the person has a chance of being found not guilty after more trials. For example, if the driver is accused of drunken driving, then the judge may dismiss the charge because the case will probably never go to trial.

One thing that is not required is that the person in question has to admit guilt to the charge. Although, it is often required, the defendant has to state his or her name and address, which is known as a BAC test. This way, if he or she is found not guilty, the lawyer can prepare the defense properly and present it in court.

Some times, the DUI Attorney is able to use the defense in court in a more aggressive way. By using this tactic, the attorney can try to get the court to allow a plea bargain, which is a reduction in the actual amount of time in jail.

Louisville DUI Attorney

The Louisville DUI Attorney knows the ins and outs of the court system. That is why he or she is able to fight for a reduced sentence for his or her client. Sometimes, the judge will let a drunk driver off the hook because the person is not a repeat offender or has no criminal records at all.

If you are guilty of DUI and have a chance of winning your case, then the Louisville DUI Attorney will do everything possible to make sure that you get your driver’s sentence reduced. You may have to put in a lot of effort and sacrifice your freedom, but the end result will be worth it. When the sentence is reduced, you may even be able to drive your vehicle legally after only one incident and be back on the road with your friends and family.

The post Louisville DUI Attorney Jason Brown: Win Your DUI Case appeared first on No Blog Title Set.

By way of instance, is this witness a persuasive witness who will make a positive impression on the witness stand? Perhaps the question will be if a judge will allow evidence into the case, such as proof in an age discrimination case the employer has discriminated against older employees in similar circumstances before?

An effective adviser will reassess risks and rewards as the situation progresses, and as she obtains new information. Witness statements, recently discovered documents, expert opinions, and cash reserves can be grounds for a material shift in evaluation.

Qualified legal counsel will understand and articulate the opponent’s arguments from the beginning before the case is filed or served. As importantly, counsel should have the courage to weigh the evidence as it comes in by witnesses and documents and to tell the customer the case might not be as air-tight as first believed.

This blunt reassessment is a service because it causes the customer in fact, and saves the customer the moment, emotion and effort of a protracted battle with no desired payoff.

In conclusion, legal counsel will direct her or his client to reach a target number for settlement. If that it’s impossible for them to attain that number, both lawyer and client can feel confident going forward that trial will be the best choice.

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