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DUI / DWI

Did you know?

Contacting a lawyer early can be very helpful to your case if you have been charged with DUI or DWI

DUI Quick Facts:

  • "DUI" stands for “Driving under the Influence.”
  • “DWI” Stands for “Driving While Intoxicated.”
  • A DUI conviction stays on a DMV record for at least 7 years.
  • A DUI conviction could jeopardize your employment opportunities.
  • A DUI can result in higher insurance premiums, and an offender may become ineligible for credit.
  • In California persons charged with driving under the influence are presumed innocent.
  • If someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony and if the victim dies, the driver may be charged with vehicular manslaughter.
  • A DUI conviction can be raised to a felony if it is the driver's 4th DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge.
  • First offense penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device.
  • To be charged with a DUI or DWI due to the influence of alcohol, your Blood Alcohol Content (BAC) has to be .08 or .10, depending on which state you are in.

Experienced DUI lawyers can help you win your case

  • DUI cases are not hopeless. An experienced DUI attorney knows that there are many ways to beat a DUI or DWI case, or at least to keep the penalties for you to a minimum.
  • Every DUI or DWI case has its own unique circumstances.  In California persons charged with driving under the influence are presumed innocent. Such persons are also entitled to a jury trial.
  • If the prosecutor cannot convince all 12 of the jurors of a defendant’s guilt, there is no conviction.

There are three possible results following a jury trial:

  1. All 12 agree on the defendant’s guilt
  2. All 12 agree on the defendant’s innocence, or some vote one way and some vote another. The latter situation will likely mean that your case will be dismissed.
  3. To win your case in some states, you need to convince only one of the 12 jurors to vote not guilty. This is where an experienced DUI lawyer can help you.

Arrested for a DUI or DWI?

A DUI / DWI lawyer can help you with DUI law charges arrest and arraignments.

Different things that can result in getting charged with a DUI or DWI:

  • Alcohol Intoxication while using a vehicle.
  • Illegal Drug Use while using a vehicle.
  • Combining Prescription drugs with Beer or Mixed Drinks.
  • Legal Drugs That Cause Drowsiness.
  • Consuming Small Amounts of Alcohol While Sleep Deprived.
  • The Prescription drug Ambien produced similar symptoms to DUI.
  • Serving alcohol to someone that is under 21 who gets charged with a DUI/DWI will get you in trouble as well if it is traced back to you.
  • Having an open alcohol container that you are not consuming can get you in trouble.

Law Enforcement Officers use three methods to determine whether a driver has had too much to drink or is too intoxicated by some other means to be driving. These methods include:

  1. Simple Observation
  2. Sobriety Test
  3. Blood Alcohol Test

Penalties for Drunk Driving

The penalties for DUI / DWI can be very complicated. There are a set of penalty guidelines for that are used in the legal process that include;

  • You refused to take the Breathalyzer Test.
  • You've had a previous DUI / DWI within the past seven years.
  • Your BAC was greater than .20%.
  • You were speeding in excess of 20 mph.
  • There was a minor (under age 14) in the automobile.

Other factors in sentencing are affected by the facts of the case, court policies, any weaknesses uncovered by the defense lawyer and the reputation of that lawyer.

It is important to know what your legal rights are concerning a DUI / DWI. A Drunk Driving Lawyer has expertise in this specific area of law and may be able to help you determine what your next step should be.

If you or a loved one has been charged with a DUI or DWI in California please contact us as soon as possible for a free case review.